1990)"

r r^ ^

■
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The

NORTH CAROLINA

IN THIS ISSUE

EXECUTIVE ORDER
FINAL DECISION LETTERS

PROPOSED RULES

Environment, Health, and Natural Resources

Human Resources

Justice

Plumbing and Heating Contractors

Real Estate Commission

ARRC OBJECTIONS

RULES INVALIDATED BY
JUDICIAL DECISION

ISSUE DATE: AUGUST 1, 1990
Volume 5 • Issue 9 • Pages 604-635

INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE

NORTH CAROLINA REGISTER

The North Carolina Register is published bi-monthly
and contains information relating to agency, executive,
legislative and judicial actions required by or affecting
Chapter 150B of the General Statutes. All proposed, ad-
ministrative rules and amendments filed under Chapter
150B must be published in the Register. The Register
will typically comprise approximately fifty pages per
issue of legal text.

State law requires that a copy of each issue be pro-
vided free of charge to each county in the state and to
various state officials and institutions. The North Carolina
Register is available by yearly subscription at a cost of
one hundred and five dollars ($105.00) for 24 issues.

Requests for subscriptions to the North Carolina
Register should be directed to the Office of Ad-
ministrative Hearings, P. O. Drawer 1 1666, Raleigh, N.
C. 27604, Attn: Subscriptions.

ADOPTION, AMENDMENT, AND REPEAL OF
RULES

An agency intending to adopt, amend, or repeal a rule
must first publish notice of the proposed action in the
North Carolina Register. The notice must include the
time and place of the public hearing; a statement of how
public comments may be submitted to the agency either
at the hearing or otherwise; the text of the proposed
rule or amendment; a reference to the Statutory
Authority for the action and the proposed effective date.

The Director of the Office of Administrative Hearings
has authority to publish a summary, rather than the
full text, of any amendment which is considered to be
too lengthy. In such case, the full text of the rule con-
taining the proposed amendment will be available for
public inspection at the Rules Division of the Office of
Administrative Hearings and at the office of the pro-
mulgating agency.

Unless a specific statute provides otherwise, at least
30 days must elapse following publication of the pro-
posal in the North Carolina Register before the agency
may conduct the required public hearing and take ac-
tion on the proposed adoption, amendment or repeal.

When final action is taken, the promulgating agency
must file any adopted or amended rule for approval by
the Administrative Rules Review Commission. Upon ap-
proval of ARRC, the adopted or amended rule must be
filed with the Office of Administrative Hearings. If it
differs substantially from the proposed form published
as part of the public notice, upon request by the agen-
cy, the adopted version will again be published in the
North Carolina Register.

A rule, or amended rule cannot become effective
earlier than the first day of the second calendar month
after the adoption is filed with the Office of Ad-
ministrative Hearings for publication in the NCAC.

Proposed action on rules may be withdrawn by the
promulgating agency at any time before final action is
taken by the agency.

TEMPORARY RULES

Under certain conditions of an emergency nature,
some agencies may issue temporary rules. A temporary
rule becomes effective when adopted and remains in

effect for the period specified in the rule or 180 days,
whichever is less. An agency adopting a temporary rule
must begin normal rule-making procedures on the per-
manent rule at the same time the temporary rule is
adopted.

NORTH CAROLINA ADMINISTRATIVE CODE

The North Carolina Administrative Code (NCAC) is
a compilation and index of the administrative rules of
25 state agencies and 38 occupational licensing boards.
The NCAC comprises approximately 15,000 letter size,
single spaced pages of material of which approximate-
ly 35% is changed annually. Compilation and publica-
tion of the NCAC is mandated by G.S. 150B-63(b).

The Code is divided into Titles and Chapters. Each
state agency is assigned a separate title which is fur-
ther broken down by chapters. Title 21 is designated
for occupational licensing boards.

The NCAC is available in two formats.

(1) Single pages may be obtained at a minimum
cost of two dollars and 50 cents ($2.50) for 10
pages or less, plus fifteen cents ($0.15) per each
additional page.

(2) The full publication consists of 52 volumes,
totaling in excess of 15,000 pages. It is sup-
plemented monthly with replacement pages. A
one year subscription to the full publication in-
cluding supplements can be purchased for
seven hundred and fifty dollars ($750.00). In-
dividual volumes may also be purchased with
supplement service. Renewal subscriptions for
supplements to the initial publication available.

Requests for pages of rules or volumes of the NCAC
should be directed to the Office of Administrative
Hearings.

NOTE

The foregoing is a generalized statement of the pro
cedures to be followed. For specific statutory language
it is suggested that Articles 2 and 5 of Chapter 150B of
the General Statutes be examined carefully.

CITATION TO THE NORTH CAROLINA
REGISTER

The North Carolina Register is cited by volume, issue,
page number and date. 1:1 NCR 101-201, April 1, 1986

refers to Volume 1, Issue 1, pages 101 through 201 of
the North Carolina Register issued on April 1, 1986

North Carolina Register. Published bi-monthly by
the Office of Administrative Hearings, P.O. Drawer
11666, Raleigh, North Carolina 27604, pursuant to
Chapter 150B of the General Statutes. Subscriptions
one hundred and five dollars ($105.00) per year.
North Carolina Administrative Code. Published
in looseleaf notebooks with supplement service by
the Office of Administrative Hearings, P.O.
Drawer 1 1666, Raleigh, North Carolina 27604, pur-
suant to Chapter 150B of the General Satutes.
Subsc riptions seven hundred md fifty dollars
($750 00). Individual volumes a mailable.

NORTH
CAROLINA
REGISTER

ISSUE CONTENTS

I. EXECUTIVE ORDER

Executive Order 120...

.604

Office of Administrative Hearings

P. O. Drawer 11666

Ralegh, AC 27604

(919) 733-2678

Julian Mann III,

Director
James R. Scarcella St.,

Deputy Director
Molly Masich,

Director APA Services

II. FINAL DECISION LETTERS

Voting Rights Act 605

III. PROPOSED RULES

Environment, Health, and
Natural Resources

Water Treatment Facility

Operators 621

Human Resources

Social Services 607

Justice
Sheriffs' Education and

Training Standards 608

Licensing Boards
Plumbing and I [eating

Contractors, Examiners 621

Real Estate Commission 625

IV. ARRC OBJECTIONS 629

V. RULES INVALIDATED BY

JUDICIAL DECISION 631

VI. CUMULATIVE INDEX 633

Staff:

Ruby Creech,

Publications Coordinator
Teresa Kilpatrick,

Editorial Assistant
Jean Shirley,

Editorial Assistant

NORTH CAROLINA REGISTER

Publication Schedule

(April 1990 - December 1991 )

Issue I,ast Day I.ast Day Earliest *

Date for for Date for Earliest

Filing Electronic Public Effective

Eiling I learing & Date
Adoption by
Agency

******** ******** ******** ******** ********

04/02/90 03/12/90 03/19/90 05 02/90 08/0190

04 1690 03 23 90 03/30,90 05 16/90 08/01/90

05 0190 04/09:90 04/17,90 05/31/90 09/01/90
05/15,90 0424,90 05,01/90 06/14/90 09,01,90
06/01,90 05/10/90 05/17/90 07/01/90 10/01/90
06/15/90 05/24/90 06/01/90 07/15/90 10/01/90

07 02 90 06 11/90 06 18/90 08,01/90 11,0190
07/16/90 06/22,90 06 29 90 08,15/90 1101,90
08/01,90 07/11/90 07/18/90 08/31/90 12/01/90
08/15,90 07/25 90 08/01/90 09/14/90 12/01/90

09 04/90 08/13/90 08 20,90 10 04 90 01/01/91
09/14 90 0824<90 08/31,90 10 14/90 01/01,91

10 0190 09/10,90 09 17,90 10 31,90 02/01/91
10/15/90 09/25/90 10/02/90 11 14/90 02/0E91

11 01,90 10 11/90 10 18,90 11/30/90 03/01/91
1115 90 10/24/90 10/31/90 12 14/90 03/01/91
12/03,90 1108/90 1115,90 01 02 01 04/01,91

12 1490 1121,90 11/30.90 0113/91 04,0191
0102,91 12,07/90 12/14,90 02 01/91 05/01/91
0115 91 12/20/90 12/3190 02/14/91 05/01/91
020191 0110/91 011791 03,0391 06/01/91
02/15,91 01/25/91 02 01/91 03/17/91 06/01/91
03/01/91 02/08/91 02/ 1 5 9 1 03 31,91 07/01/91
03/15,91 02/22 91 03/0191 04/14 91 07/01/91
0401,91 03/1191 03/1891 05 0191 08 0191
04/15/91 03/22/91 04 01/91 05/15/91 08/01/91
05/01/91 04 10/91 04/1791 05/31/91 09/01/91
05/15 91 04/24/91 05/01/91 06 14 91 09/01/91

06 03 91 05/10/91 05/17 91 07,03/91 10 0191
06 14 91 05 23/91 05 3191 07 14/91 10/01/91
07/0191 06/10/91 06/17,91 07/31/91 110191
07/15 91 06/21/91 06/28/91 08/14/91 11/01/91
08/0191 07/11/91 07/18 91 08,31/91 12/01/91

08 15 91 07/25/91 08/01 91 09 14 91 12 01 91
09/03/91 OS 12 91 08/19 91 10 03 91 01,01,92

09 16 91 08/23/91 08/30 91 10 16 91 01/01/92

10 0191 09 10 91 09/17/91 10 3191 02,01,92

10 1591 09 2491 10/0191 111491 02,01,92

11 01 91 10 11/91 10 18,91 12 01 91 03,01/92
11/15 91 10 24 91 10 31/91 12 15 91 03 01/92

12 02 91 11 07/91 11 14 91 01 01 92 04 01 92
12 16 91 112191 12 02 91 (1115 92 04 0192

* The "Earliest Effective Dale" is computed assuming that the public hearing
and adoption occur in the calendar month immediately following the "Issue
Date", that the agency files the tide with The Administrative Rules Review
Commission by the 20th of the same calendar month and that ARRC approves
the rule at the next calendar month meeting.

EXECUTIVE ORDER

EXECUTIVE ORDER NUMBER 120

AN EXECUTIVE ORDER ESTABLISHING

ADDITIONAL

CRITERIA LOR ELIGIBILITY Oh CERTAIN

MEMBERS OF THE COASTAL RESOURCES

COMMISSION

WHEREAS, NCOS. 113A- 104(c) directs that
eight of the members appointed by the Governor
to the Coastal Resources Commission shall be
persons who do not derive any significant portion
of their income from land development, con-
struction, real estate sales, or lobbying and do not
otherwise serve as agents for development-related
business activities; and

WHEREAS, N.C.G.S. 113A-104(c) directs the
Governor, by executive order, to promulgate cri-
teria regarding conflicts of interest and disclosure
thereof for determining the eligibility of persons
under this section;

NOW THEREFORE-:, pursuant to the authority
vested in me by the Constitution of this State and
N.C.G.S. 113A- 104(c), IT IS HEREBY OR-
DERED:

Section _F The eight members of the Coastal
Resources Commission appointed by the Gov-
ernor pursuant to N.C.G.S. 113A-104(b) (1)
through (5), (9), and (11), shall be persons who
do not derive any significant portion of their in-
come from land development, construction, real
estate sales, or lobbying and do not otherwise
serve as agents for development-related business
activities.

(A) For purposes of this section, the term
"significant portion of their income" shall
mean ten percent of gross personal in-
come for a calendar year, except that it
shall mean fifty percent of gross personal
income for the calendar year if the recipi-
ent is over sixty years of age and is re-
ceiving such portion pursuant to
retirement, pension, or other similar ar-
rangements.

(B) For purposes of this section, the term
"income" shall mean "gross income" as
defined in N.C.G.S. 105-134.1(5).

(C) For purposes of this section, the terms
"persons deriving a significant portion of
their income from land development,
construction, real estate sales, or lobbying
and do not otherwise serve as agents for

development -related business activities"
shall not include any department or
agency of State Government.
(D) For purposes of this section, a person
does not derive income from land devel-
opment, construction, real estate sales, or
lobbying or as an agent for development
related business activities where the per-
son receives payments from a mutual fund
or other diversified investment of which
the person receiving the payments docs
not know the identity of the primary
sources of income.

Section 2. The North Carolina Board of Fthics
established pursuant to Executive Order Number
1 dated January 31, 1985, is hereby directed to
prepare a suitable disclosure form to be com-
pleted bv prospective Governor's appointees un-
der N.CG.S. 1 13A- 104(c) and to be used by the
Governor's Office in determining eligibility under
Section 1 of this Executive Order. These com-
pleted forms shall be kept on file and open to
public inspection by both the North Carolina
Board of Etliics and the Governor s Office.

Section 3^ Once a member is appointed, his or
her Statement of Fconomic Interest is required
to be filed with the North Carolina Board of
Fthics pursuant to Executive Order Number 1
dated January 31, 1985, and shall be updated by
the member on a regular basis.

Section 4 The Board of Fthics established
pursuant to Executive Order Number 1 dated
January 31, 1985, is hereby directed to monitor
closely Statements of Economic Interest to de-
termine continuing eligibility under Section 1 of
this Executive Order.

Section 5. Pursuant to Section 2 of Session
Laws 1989, c. 505, this Order shall not affect the
terms of members who were serving on the
Coastal Resources Commission on June 29,
1989, and arc currently serving their unexpired
terms.

Section 6^ This Order shall become effective
immediately.

Done in Raleigh, North Carolina, this the 28th
day of June, 1990.

5:9 NORTH CAROLINA REGISTER August 1,1990

604

VOTING RIGHTS ACT FINAL DECISION LETTERS

[G.S. I20-30.9H, effective July 16, 1986, requires that all letters and other documents issued by the
Attorney General of the i'nited States in which a final decision is made concerning a "change af-
fecting voting" under Section 5 of the Voting Rights Act of 1965 be published in the Xorth Carolina
Register. /

U.S. Department of Justice
Civil Ritditb Division

JRD:MAP:PJK:rac

DJ 166-012-3
AD643

Voting Section
P.O. Box 66128
Washington, D.C. 20035-6128

Julv 12. 1990

George A. Weaver, Iisq.
Lee. Reece & Weaver
P.O. Box 2047
Wilson, North Carolina

27894-2047

Dear Mr. Weaver:

This refers to the change in format for voter registration cards in Wilson County, North Carolina,
submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act of 1965, as amended,
42 l.S.C. 1973c. We received your submission on May 17, 1990.

The Attorney General does not interpose any objection to the change in question. However, we
feel a responsibility to point out that Section 5 of the Voting Rights Act expressly provides that the
failure of the Attorney General to object does not bar any subsequent judicial action to enjoin the
enforcement of such change. See the Procedures for the Administration of Section 5 (28 C.F.R. 51.41).

Sincerely,

John R. Dunne

Assistant Attorney General

Civil Rights Division

By:

Barn II. Weinberg
Acting Chief. Voting Section

605

5:9 NORTH CAROLINA REGISTER August 1,1990

VOTING RIGHTS ACT FINAL DECISION LETTERS

U.S. Department of Justice
Civil Rights Division

JRD:LLT:TGL:gmh

DJ 166-012-3 Voting Section

AD107-111; AH381 P.O. Box 66128

AD699; AH382-408 Washington, D.C. 20035-6128

July 16, 1990

DeWitt F. McCarley, Esq.

City Attorney

P.O. Box 7207

Greenville, North Carolina 27835-7207

Dear Mr. McCarley:

This refers to the thirty-two annexations [Ordinance Nos. 2115, 2116, 2139-2141, and 2154-2180
(1990)] and the designation of the annexed areas to election districts for the City of Greenville in Pitt
County, North Carolina, submitted to the Attorney General pursuant to Section 5 of the Voting Rights
Act of 1965, as amended, 42 U.S.C. 1973c. We received your submissions on May 9 and 15, 1990.

The Attorney General does not interpose any objections to the changes in question. However,
we feel a responsibility to point out that Section 5 of the Voting Rights Act expressly provides that the
failure of the Attorney General to object does not bar any subsequent judicial action to enjoin the
enforcement of such changes. See the Procedures for the Administration of Section 5 (28 C.F.R.
51.41).

Sincerely,

John R. Dunne

Assistant Attorney General

Civil Rights Division

By:

Barry II. Weinberg
Acting Chief, Voting Section

5:9 NORTH CAROLINA REGISTER August 1,1990 606

PROPOSED RULES

TITLE 10 - DEPARTMENT OF HUMAN
RESOURCES

otice is hereby given in accordance with G.S.
I SOB- 12 that the Division of Social Services in-
tends to amend rule(s) cited as 10 SCAC 24 A
.0306.

J he proposed effective date of this action is July
1. 1991.

1 he public hearing, will be conducted at 10:00
a.m. on September 5, 1990 at the Disability De-
termination Bui/ding. 321 Chapanoke Rd..
Raleigh. NC.

omment Procedures: Interested persons may
present their views and comments in writing before
or at the hearing, or orally at the hearing. Time
limits may be imposed as deemed necessary by the
Commission Chairman. A fiscal note has been
prepared. Any person may request information
or copies of the proposed regulations by writing
or calling Donna A. Creech, Special Assistant,
Social Senices, 325 N. Salisbury St.. Raleigh, NC
27603, (919) 733-3055.

CHAPTER 24 - SOCIAL SERVICES

SUBCHAPTER 24A - GENERAL

SECTION .0300 - COMMISSION

.0306 STATE PUBLIC ASSISTANCE
EQUALIZING FUND

(a) The formula for disbursing equalizing funds
to county departments of social services is based
on the following fow eight factors: utilizing the
most recent fiscal vear information available:

( 1 ) sales and use tax collection per capita, JA 1
77 78,

(2) property tax per capita, P¥- 77 78,

(3) average monthly number of AFDC recip-
ients per capita, 1077 78,

(4) county share of AFDC expenditures per
capita." F-^ 77 78.

(5) average monthly number of medicaid re-
cipients per capita,

(6) county share of medicaid expenditures per
capita,

(7) average monthly number of State County
Special Assistance clients per capita.

(8) county share State Count\ Special Assist-
ance expenditures per capita.

(b) factors number one and two give indi-
cation of a county's relative "wealth" or ability

to support the public assistance programs. Fac-
tors number three through eight s*ft4 fe«f repre-
sent "liabilities" for a county. Counties are
ranked lowest to highest for each factor; the first
two are added together and the second fcwe re-
maining six are then subtracted from this figure.
It is possible therefore for a county to receive a
negative ranking; e.g., a minus 176. The lower
(or poorer) counties receive higher percentages
while higher (or wealthier) counties receive lower
percentages.

(c) Using the "four factor" "eight factor"
scores, counties are ranked from 1 (lowest score)
to 100 (highest score). There may be ties and
since a county's rank indicates how many coun-
ties have lower scores, tied counties receive the
same ranking. Example: If two counties have
scores of -58 and 18 counties have lower scores,
these two counties are ranked tied for 19th. The
next county would be ranked 21st (not 20th)
since there are 20 counties with lower scores.

(d) Determination as to how many counties
will receive funds is based on difference between
rankings. If 69 counties are chosen, each of these
counties should be placed on the same ability to
pay as the (N+ l)st (70th) county. Accordingly,
the (N+ l)st county is assigned an adjusted point
total of zero. (E.g., if N = 69, the 70th county
was set at zero.) For counties 1,2 ..., N the ad-
justed points total is obtained by subtracting the
total points of the (N+ l)st county from each of
the counties' total point score. Fxample: If the
(N+ 1 )st county has a score of 39, then 39 points
are subtracted from each of the N counties that
will receive equalizing.

(e) To determine the percentage that would
ideally be paid to bring the N counties to the
level of the (N+l)st, each county's adjusted
point total is divided by the adjusted point total
of county No. 1.

(f) To obtain the amount that should be paid,
multiply the county's percentage times its share
of Public Assistance AFDC expenditures.

(g) The ideal amounts are summed. The result
gives the amount needed to place each of the
counties on the same level as the (N+ l)st.
Generally, this amount will exceed available
funds. If A equals Ideal amount to be paid and
FF equals equalizing funds available, then I I
divided by A equals percentage of funds avail-
able. Each ideal amount is multiplied by this
fraction to obtain the amount that can actually
be paid.

Statutory Authority G.S. 10SA-92; I43B-153.

607

5:9 NOR TH CAROLINA REGIS TER

August

/, 1990

PROPOSED RULES

******************

lyotiee is hereby given in accordance with G.S.
I SOB- 1 2 that the Division of Social Services in-
tends to adopt rule(s) cited as 10 NCAC 42W
.0006 and .0007.

1 he proposed effective date of this action is De-
cember I, 1990.

1 he public hearing will be conducted at 10:00
a.m. on September 5. 1990 at Disability Determi-
nation Bldg., 321 Chapanoke Rd.. Raleigh, NC.

omment Procedures: Interested pcrsotu may
present their views and comments in writing before
or at the hearing, or orally at the hearing. Time
limits may be imposed as deemed necessary by the
Commission Chairman. A fiscal note have been
prepared. Any person may request information
or copies of the proposed regulations by writing
or calling Donna A. Creech, Special Assistant,
Social Services, 325 N. Salisbury St., Raleigh, NC
27603 (919) 733-3055.

CHAPTER 42

INDIVIDUAL AND FAMILY
SUPPORT

SUBCHAPTER 42W - STATE ABORTION FUND

.0006 OPPORTUNITY TO VIEW FETAL
MODEL

Counseling required by Chapter 479, Section 93
(5) of the 1985 Session laws shall include the
opportunity, but not the requirement, for all
persons determined eligible for services to per-
sonally view fetal models showing the growth
and development of the human embryo and
fetus, said models to be obtained from regular
medical supply houses or medical schools.

Statuton' Authority G. S.
1985 S.L., c. 479, "s. 93.

14-45.1; I43B-I53;

.0007 COUNTY DEPARTMENT OF SOCIAL
SERVICES RESPONSIBILITIES

(a) Eligibility for the State Abortion Fund will
be determined by the county department of social
services.

(b) The county department of social services
will provide abortion counseling to all clients
determined eligible for State Abortion Funds.

(c) The county department of social services
will provide to all State Abortion Fund clients
family planning counseling and, upon request,
referral for family planning medical consultation
and supplies.

(d) The county department of social services
will arrange for the delivery of abortion services
with appropriate medical providers.

(1) Physicians receiving payment for services
through the State Abortion Fund must
be licensed to practice medicine in North
Carolina or if practicing in another state
by the appropriate regulatory authority in
that state.

(2) Hospitals receiving State Abortion Funds
for services rendered must be licensed in
North Carolina by the Department of
Human Resources or if located in another
state, licensed or certified by the appro-
priate regulatory authority in that state.

(3) Abortion clinics and ambulatory surgical
facilities receiving State Abortion funds
for services rendered must be licensed or
certified in North Carolina by the De-
partment of Human Resources or if op-
crating in another state, by the
appropriate regulatory authority in that
state.

(e) County departments of social services will
negotiate for services delivery and payment with
appropriate providers:

(1) Individual service authorization for clients
will be routed on a designated form to
participating medical providers by the
county department of social services
which will document the negotiated ser-
vice payment.

(2) Providers may not collect additional funds
from the patient.

Statutory Authority G.S. 14-45.1: 143B-I53: 1985
S. L., c. 479, s. 93.

TITLE 12 - DEPARTMENT OF JUSTICE

iV otice is hereby given in accordance with G.S.
150B-12 that the Sheriffs' Standards Dh'ision,
Department of Justice intends to amend nde(s)
cited as 12 NCAC 10B .0/03. .0207, .0304. .0307,
Mill - .0403, .0408 - .0409. .0502 - .0503, .0505.
.0601, .0603. .0605, .0705, .0908 - .0909, .1002 -
.1003, .1006, .1105, .1203, .1206, .2102, .2104:
repeal rule(s) cited as 12 NCAC 1 0B .0308; and
adopt rule(s) cited as 12 NCAC 1 0B .0205 -
.0206, .0208, .0407.

1 he proposed effective
January I, 1991.

date of this action

I he public hearing will be conducted at 9:00
a.m. on September 13, 1990 at the Holiday Inn,
Waynesville, N.C.

5:9 NORTH CAROLINA REGISTER August 1,1990

60S

PROPOSED RULES

C^. omment Procedures: Any person interested in
these rides may present oral or written comments
relevant to the proposed action at the Public
Rule-Making Hearing. Written statements not
presented at the Hearing should be directed to
Julia A. Lohman. The proposed rules are a\>ail-
able for public inspection and copies may be ob-
tained at the following address: Sheriffs'
Standards Dh>., PO Box 629, 104 Fayetteville St.
Mall. Raleigh NC 27602.

CHAPTER 10 - N.C. SHERIFFS' EDUCATION
AND TRAINING STANDARDS COMMISSION

SUBCHAPTER I0B - NC SHERIFFS'

EDUCATION AND TRAINING STANDARDS

COMMISSION

SEC HON .0100 - COMMISSION
ORGANIZATION AND PROCEDURES

.0103 DEFINITION

In addition to the definitions set forth in G.S.
17E-2, the following definitions apply through-
out this Chapter, unless the context clearly re-
quires otherwise:
(8) "Misdemeanor" means those criminal of-
fenses not classified by the North Carolina
General Statutes, the United States Code,
the common law, or the courts as felonies.
Misdemeanor offenses are classified by the
Commission as follows:
(a) "Class A Misdemeanor" means an act
committed or omitted in violation of any
common law, duly enacted ordinance,
criminal statute, or criminal traffic code
of this state, or any other jurisdiction, ei-
ther civil or military, for which maximum
punishment allowable for the designated
offense under the laws, statutes, or ordi-
nances of North Carolina the junsdiction
in which the offense occurred or its poli-
tical subdivisions includes imprisonment
for a term of not more than six months.
Specifically excluded from this grouping
of "class A misdemeanor" criminal of-
fenses are motor vehicle or traffic offenses
designated as misdemeanors under Chap-
ter 20 (Motor Vehicles) of the General
Statutes of North Carolina, similar laws
ot other jurisdictions, or duly enacted or-
dinances of an authorized governmental
entity with the exception of the offense of
impaired driving (G.S. 20-138.1) which is
expressly included herein as a class A
misdemeanor, if the defendant was sen-
tenced under punishment level three [G.S.

20-179(i)), level four |G.S. 20-179(j)], or
level five |G.S. 20-179(k)];
(b) "Class B Misdemeanor" means an act
committed or omitted in violation of any
common law, criminal statute, or criminal
traffic code of this state, or any other ju-
risdiction, either civil or military, for
which the maximum punishment allow-
able for the designated offense under the
laws and statutes of North Carolina the
jurisdiction in which the offense occurred
includes imprisonment for a term of more
than six months but not more than two
years. Specifically excluded from this
grouping of "class B misdemeanor" crim-
inal offenses are motor vehicles or traffic
offenses designated as being

misdemeanors under Chapter 20 (Motor
Vehicles) of the General Statutes of North
Carolina or similar laws of other jurisdic-
tions with the following exceptions. Class
B misdemeanor does expressly include,
either first or subsequent offenses of G.S.
20- 138(a) or (b). G.S. 20-166 (duty to
stop in event of accident). This definition
further includes a violation of G.S.
20-138.1 (impaired driving) if the defend-
ant was sentenced under punishment level
one [G.S. 20- 1 7Q(tr)] or punishment level
two [G.S. 20- 179(h)] for the offense and
shall also include a violation of G.S.
'u-JS(l\i uirr. nig while license perma-
nently revoked or suspended).
(9) "Felony" means any offense designated a
felony by the laws, statutes, or ordinances
of the jurisdiction in which the offense oc-
curred.
(10) "Dual Certification" means that a justice
officer holds probationary, general, or
grandfather certification as both a deputy
sheriff and a jailer with the same employing
agency.

Statutory Authority G.S. 17E-7.

SECTION .0200 - RESPONSIBILITIES OF THE
SHERIFFS' STANDARDS DIVISION

.0205 SANCTIONS FOR VIOLATIONS BY
AGENCIES OR SCHOOLS

If the Commission finds that a violation has
been committed by an agency or school, the
Commission may:

(1) issue an oral warning and request for com-
pliance;

(2) issue a written wanting and request for
compliance;

(3) issue an official written reprimand;

609

5:9 NORTH CAROLINA REGISTER August 1, 1990

PROPOSED RULES

(4) suspend and refuse to grant accreditation to
any school or program or course of instruc-
tion until proper corrective measures have
been taken to bring the agency or school
into compliance with these Rules and verifi-
cation of such compliance has been made
by the Commission; or

(5) suspend and refuse to grant accreditation to
any school or program or course of instruc-
tion for a specific period of time not to ex-
ceed one year.

Statutory Authority G.S. 17E-4.

.0206 SANCTIONS FOR VIOLATIONS BY
INDIVIDUALS

(a) When any person certified by the Com-
mission is found to have knowingly and willfully
violated any provision or requirement of these
Rules, the Commission may take action to cor-
rect the violation and to ensure that the violation
does not re-occur, including:

(1) issuing an oral warning and request for
compliance;

(2) issuing a written warning and request for
compliance;

(3) issuing an official reprimand;

(4) suspending the individual's certification for
a specified period of time or until accept-
able corrective action is taken by the in-
dividual;

(5) revoking or denying the individual's cer-
tification.

(b) A person who has had his certification
suspended or revoked may not exercise the au-
thority of a justice officer during the period of
suspension or revocation.

(c) A person who has been denied certification
may not be employed or appointed as a justice
officer or exercise the authority of a justice offi-
cer.

Statutory Authority G.S. 17E-4.

Si%4 .0207 SUSPENSION: REVOCATION:
OR DENIAL OF CERTIFICATION

(a) The Commission shall revoke or deny the
certification of a justice officer when the Com-
mission finds that the officer has committed or
been convicted of:

(1) a felony unless pardoned by the Governor;
or

(2) a crime for which the authorized punish-
ment could have been imprisonment for
more than two years; or

(3) an act or any series of acts which violates
the laws of the State of North Carolina
and which, in the opinion of the Sheriff,

will affect his/her ability to act or carry
out the office and duties of a justice offi-
cer.

(b) The Commission shall revoke, deny, or
suspend the certification of a justice officer when
the Commission finds that the applicant for cer-
tification or the certified officer:

(1) has not enrolled in and satisfactorily
completed the required basic training
course in its entirety within a time period
specified by the Commission;

(2) fails to meet any of the minimum em-
ployment standards required bv 12 NCAC
10B;

(3) fails to satisfactorily complete the mini-
mum in-service training requirements as
presented in 12 NCAC 10B .2000 and
.2100.

f44 h*» refused te submit k» t4w» drug screen
^ required m U NCAC 40ft .0301(6) eg
,0 ' 106(h)( ' l), » which ease r . uch sanction
shall be permanent ;

f£4 hrts produced a- positive result h« iwy drug
screen reported k» the Commission a*
specified » 44 NCAC 44ft 44400, w4«*
t4n» positive result is explained te t4n»
Commission's satisfaction, such sanction
shall be permanent;

(4) £64 has knowingly made a material misrep-

resentation of any information required
for certification or accreditation;

(5) 67} has knowingly and designedly by any

means of false pretense, deception,
defraudation, misrepresentation or cheat-
ing whatsoever, obtained or attempted to
obtain credit, training or certification from
the Commission.

(c) The Commission may revoke, deny, or
suspend the certification of a justice officer when
the Commission finds that the applicant for cer-
tification or certified justice officer:

( 1 ) has knowingly made a material misrepre-
sentation o[ am mloniiation required lor
certification or accreditation;

(2) has knowingly and designedly by any
means of false pretense, deception,
defraudation, misrepresentation or cheat-
ing whatsoever, obtained or attempted to
obtain credit, training or certification from
the Commission;

(3) has aided another in obtaining or at-

tempting to obtain credit, training, or cer-
of deceit
This Rule

tification by means of deceit^ fraud or

misrepresentation.

shall

apply to obtaining or attempting to obtain
in-service firearms requalification as n>
quired bv Sections .2000 and .2100.

5:9 NORTH CAROLINA REGISTER August 1, 1990

610

PROPOSED RULES

(d) fe+ The Commission may revoke, suspend
or deny the certification of a justice officer when
the Commission finds that the applicant for cer-
tification or the certified officer has committed
or been convicted of:

(1) a crime or unlawful act defined in 12
NCAC 10B ,0103(8)(b) as a Class B
misdemeanor: or

(2) four or more crimes or unlawful acts de-
fined in 12 NCAC 10B .0103(8)(a) as a
Class A misdemeanor, each of which oc-
curred after the date of initial certification.

Statutory Authority G.S. I7E-7.

.0208 PERIOD OF SUSPENSION:
REVOCATION: OR DENIAL

When the Commission suspends, revokes, or
denies the certification of a justice officer, the
period of sanction shall be:

( 1) permanent where the cause of sanction is:

(a) commission or conviction of a felony: or

(b) commission or conviction of a crime for
which authorized punishment included
imprisonment for more than two years;
or

(c) a positive result on a drug screen, or a re-
fusal to submit to a drug testing both
pursuant to 12 NCAC 10B .0301: or

(d) the second revocation of an officer's cer-
tification for either of the two causes re-
quiring a five-year period of revocation.

(2) not less than five years where the cause of
sanction is:

(a) commission or conviction of a crime other
than those listed in Subparagraph (1) of
this Rule: however, the Commission may
either reduce or suspend the period of
sanction under this Subparagraph or sub-
stitute a period of probation in lieu of re-
vocation following an administrative
hearing; or

(b) material misrepresentation of any infor-
mation required for certification or ac-
creditation: or

(d) removal from office under the provisions
of G.S. 128-16.

(3) for an indefinite period, but continuing so
long as the stated deficiency, infraction, or
impairment continues to exists, where the
cause of sanction is:

(a | failure to meet or satisfy relevant basic

training requirements: or
(b) failure to meet or maintain the minimum

standards of employment; or

(d) failure to meet or satisfy the in-service
training requirements as prescribed m 12
NCAC 10B .2100.

Statutory Authority G.S. I7E-4; I7E-7.

SECTION .0300 - MINIMUM STANDARDS FOR
EMPLOYMENT AS A JUSTICE OFFICER

.0304 MEDICAL EXAMINATION

(a) Each applicant shall complete the Com-
mission's Medical History Statement Form (F-l)
and shall be examined by a physician or surgeon
licensed in North Carolina to help determine
his/her fitness in earning out the physical re-
quirements of the position of deputy sheriff or
jailer. The examining physician should read and
sign the 1-2 A form attached to the Medical Ex-
amination Report form ( E - 2 1 prior to beginning
the examination. The examining physician shall
record the results of the examination on the
Medical Examination Report Eorm (F-2) and
sign and date the form. The E-2 form shall be
valid one year from the date the Medical Exam-
ination was completed and signed by the physi-
cian. The physical examination shall be
conducted and the Medical Examination Report
Form (F-2) and the Medical History Statement
Eorm (F-l) shall be completed pnor to which-
ever of the following occurs first:

( 1 ) the applicant's beginning the Jailer Certif-
ication Course and or the Basic Law
Enforcement Training Course; or

(2) the applicant's applying to the Commis-
sion for certification.

Statutory Authority G.S. I7E-7.

.0307 CRIMINAL HISTORY RECORD

Ever}' justice officer employed in North
Carolina shall not have committed or been con-
victed bv a local, state, federal or military court
of:

( 1 ) a felony, unless pardoned by the Governor:
or

(2) a crime for which the punishment could
have been imprisonment for more than two
years; or

(3) an act. or any series of acts which violate
the laws of the State of North Carolina and
which, in the opinion of the sheriff, will af-
fect his her ability to act or earn- out the
office and duties of a justice officer; or

(4) a crime or unlawful act defined as a 'Class
B_ Misdemeanor" within the five year period

611

5:9 \ORTH CAROLINA REGISTER August 1, 1990

PROPOSED RULES

prior to the date of application for employ-
ment; or

(5) tour or more crimes or unlawful acts de-
fined as "Class B Misdemeanors" regardless
of t_he date of conviction; or

(6) four or more crimes or unlawful acts de-
fined as "Class A Misdemeanors" except the
applicant may be employed if the last con-
viction occurred more than two years prior
to the date of application for employment.

Statutory Authority G.S. 17E-7.

.0308 MISREPRESENTATION (REPEALED)

Statutory Authority G.S. 17E-7.

SECTION .0400 - CERTIFICATION OF JUSTICE
OFFICERS

.0401 CERTIFICATION OF SHERIFFS'
DEPARTMENT PERSONNEL

Every person employed or appointed as a jus-
tice officer by a sheriff's department, except those
certified pursuant to Rule .0407, shall meet the
certification requirements of this Section .0400.
Justice officers meeting the requirements as
specified in this Chapter may be certified as either
a deputy sheriff, a jailer, or both.

Statutory Authority G.S. I7E-4; 17E-7.

.0402 PROBATIONARY CERTIFICATION

All justice officers, except those transferred or
reinstated pursuant to R«h> .0 > 105, Rule .0406
shall serve a probationary certification period of
one year. For certification as a deputy sheriff the
probationary period begins on the date the officer
took the Oath of Office. For certification as a
jailer, the probationary period begins on the date
the officer was appointed as a jailer.

Statutory Authority G.S. 17E-4; I7E-7.

.0403 PROBATIONARY CERTIFICATION
REQUIREMENT

(a} For certification as a deputy sheriff, a Report
of Appointment Deputy Sheriff (F-4) must be
submitted to the Division. For certification as a
jailer, a Report of .Appointment Jailer (F-4A)
must be submitted to the Division. For certif-
ication as both a deputy sheriff and a jailer, both
forms (F-4 and F-4A) must be submitted to the
Division. Report of Appointment forms must
be submitted to the Division by the sheriff's de-
partment no later than ten days after the deputy
sheriff has taken the Oath of Office or the jailer
has been appointed. The Division shall forward

the justice officer's certification to the sheriff's
department.

fb4 4-he Division shall i ;.-. UL ' a probationary
certification as a d e puty sheriff k» a person who
has previously served as a» elected »f appointed
sh e riff, tf the p e rson:

I 1 I onnlut j Q tllQ I . i «i i »-n | I . i.ifi n it lnn Q . -\ , i « '«"»■
\ * J III ' I * I IV IT \\T T I TV V-^'IIIIITI-'.'H. '11 II I I I 1 1 1 1 V 1 1 1 U f LUI

el c e asing te- serve as a» elected ef ap-
pointod sheriff- *«4

f4f meets all the probationary certification Re-
quirements at the tim e (4 application; a«4

($} has either:

fA} previously obtained general c e rtification
with e ith e r the North Carolina Sheriffs'
Education a¥*& Training Standards Com
mission »f the North Carolina Criminal
Justice Education a«4 Training Standards .
(commission an4 was s» c e rtified a«4 m
good standing at the time *4 his election
#f appointment as sheriff; ©f

l I i \ wiEi l.i i .in ■ | «A it . i i- ■-» «1 .ll.i.'f.l.l , 1 r- .|»t>.-iint,l;l

\ 1 J I TTTTTTT ,11 I I i>IC U" HIT "L I V T. \ VTJ TIT 111 * I 'T.7 II 1 COQ

sheriff; d+4 successfully complete a
commission accredited basic law enforce
men! training cours e which was then ew-
rently accr e dited by the (.'onimission at
the time the officer completed the cours e ;

f£f whil e probationally certified with either
the North Carolina Sheriffs' Education
ami Training Standards Commission &?
the North Carolina Criminal Justice Edu
cation atni Training Standards Gommis
sion, 4i4 successfully complete a
commission accredited basic law e nforc e
ment training course which was then ew-
r e ntly approved by the Commission
(und e r which the officer was j
c e rtified) at the tim e the offic e r i
the course.

Statutory Authority G.S. I7E-4; I7E-7.

.0407 CERTIFICATION OF FORMER
SHERIFF

(a) The Division shall issue a General Certif-
ication to any person who has previously served
as an elected or appointed sheriff, if the person:

( 1 ) applies to the Commission within one year
of ceasing to serve as an elected or ap-
pointed sheriff; and

(2) has served as an elected or appointed
sheriff for a minimum of eight years; and

(3) left the otfice of sheriff in good standing.

(b) In order for an officer to be certified under
this Rule .0407, there must be:

(1) compliance with the Report of .Appoint-
ment form requirement of Rule .0403;

5: 9 NOR TH CAROLINA REGIS TER

August

I, 1990

612

PROPOSED RULES

(2) submitted to the Division, a copy of the
Oath of Office for applicants requesting
certification as a deputy sheriff: and

(3) submitted to the Division verification that
the applicant meets the requirement of
thus Rule .0407(a)(2).

Statutory Authority G.S. 17E-4; I7E-7.

S4W- .0408 VERIFICATION OF RECORDS
TO DIVISION

(a) Prior to the initial certification of each jus-
tice officer, for the purpose of verifying compli-
ance with these Rules, the employing agency
shall submit to the Division, along with the Re-
port of Appointment (F-4) and or (F-4A), copies
of the following documents:

( 1 ) tfee applicant V . high school Jipk ma e*
equivalent ((ill)): verification of the ap-
plicant's compliance with the educational
requirement pursuant to Rule .0302(a);

(2) certified copy of the applicant s Oath of
Office, if applying for certification as a
deputy sheriff;

(3) the applicant s Medical History Statement
(F-l);

(4) the applicant's Medical Examination Re-
port (F-2 and F-2A);

(5) the applicant's Personal History Statement
(F-3); aft4

(6) a summary of the applicant's background
investigation; and

I 7) documentation of a negative result on a
drug screen pursuant to Rule .' i3'> I( <S).

(b) Compliance with this Rule .040S(a) is
waived for officers applying for dual certification

as defined in Rule .I)ln3i 1<0 prcnided that:

(' 1 1 the officer holds a valid certification as ei-
ther a deputy sheriff or jailer with the
employing agency requesting dual certif-
ication; and
(2) the officer has not had a break in service
since initial certification with the emploN
ing agencv requesting dual certification.

Statutory- Authority G.S. 17E-4; I7E-7.

S4m .0409 EMPLOYING AGENCV

RETENTION OF CERTIFICATION

RECORDS

'a i Each employing agency shall place in the
appropriate justice officer's personnel file the of-
ficial notification of either probationary or gen-
eral certification. Such files shall be available for
examination at any reasonable time by represen-
tatives of the Commission for the purpose of
verifying compliance with these Rules. Each
personnel file shall also contain:

( 1 1 a copy of the applicant's Report of Ap-
pointment (F-4) and or (F-4A);

(2) tlw applicant ' ■! k«b ■. chool diploma ef
equivalent ((ill)): verification of the ap-
plicant s compliance with the educational
requirement pursuant to Rule ,03l)2(a):

(3) a certified copy of the applicants Oath
of Office, if applying for certification as a
deputy sheriff;

(4) the results of the applicant's fingerprint
records check and the criminal history re-
cords check;

(5) the applicant's Medical History Statement
(F-l);

(6) the applicant's Medical Examination Re-
port (F-2 and E-2A);

(7) the applicant's Personal History State-
ment (F-3);

(S) a summary of the applicant's background

investigation:
(9) a copy of Ae Commio ' jion't; a

commission-appro ved Firearms Requali-
fication Record Form:
( 1 ) documentation of negative results on
drug screen pursuant to Rule ."3ul(ft|.
(b) Compliance with this Rule .0409(a) is
waived for officers applying for dual certification
as defined in Rule .')ln3( Id) provided that:

( 1 ) the officer holds a valid certification as
either a deputy sheriff or jailer with the
employing agency requesting dual certif-
ication: and
(2) the officer has not had a break in service
since initial certification with the emplox
ing agencv requesting dual certification.

Statutory Authority G.S. I7E-4.

SECTION .0500 - MINIMI M STANDARDS OF
TRAINING FOR DEPl TY SHERIFFS

.0502 BASIC LAW ENFORCEMENT

TRAINING COl RSE FOR DEPUTIES

(a) The Commission hereby adopts as its re-
quired minimum Basic Law Enforcement Train-
ing Course 422 444 hours of instruction to
include the following identified topic areas and
minimum instructional hours for each area:
('J i Emergency Medical Servic e r . 24 hour *.
First Responder 4d hours

(24) Electrical and Hazardous Material

Emergencies u hour"

12 hours
4-^444 hours

TOTAI IIOERS

Statutory Authority G.S. I E-4 a .

.0503 TIME REQ/COMPI El ION/BASK I \YV
ENFORCEMENT TRAINING COl RSE

5:9 XORTH CAROLI.XA REGISTER August 1, 1990

PROPOSED RULES

(e^ Poroons certified mt a probationary basis
pursuant te Rule .0'103(b) shall ha exempt from

Statutory Authority G.S. I7E-4; I7E-7.

.0505 EVALUATION FOR TRAINING WAIVER

(a) The Division staff shall evaluate each dep-
uty's training and experience to determine if
equivalent training has been satisfactorily com-
pleted as specified in Rule .0504(a). Applicants
for certification with prior law enforcement ex-
perience shall have been employed in a full time,
sworn law enforcement position in order to be
considered for training evaluation under this
Rule. Applicant ;, fof certification with a combi
nation »£ full time tm4 part time experience shall
bt» evaluated »«■ t+n» basis ef t4«* full time expen
enoo only. The following rules shall be used by
Division staff in evaluating a deputy's training
and experience to determine eligibility for a
waiver of training.

(10) Persons transferring to a sheriff's depart-
ment from another law enforcement
agency who hold certification issued by
the North Carolina Criminal Justice Edu-
cation and Training Standards Commis-
sion and who have previously completed
a minimum 369-hour Basic Law Enforce-
ment Training Course accredited by the
North Carolina Criminal Justice Educa-
tion and Training Standards Commission
under guidelines administered beginning
October 1, 19S4 and ending July T, 1989
and who have been separated from a
sworn law enforcement position for no
more than one year or who have had no
break in service shall be required to com-
plete the following enumerated topics of
a commission-accredited Basic Law
Enforcement Training Course and suc-
cessfully pass that portion of the State
Comprehensive Examination which deals
with those subjects within 12 months of
the date of their Oath of Office as pre-
scribed in 12 NCAC 10B .0503(a).

(A) Civil Process 24 hours

(B) Supplemental Custody
Procedures 8 hours
TOTAL HOI RS 32 hours

(13) Persons transferring to a sheriff's depart-
ment from another law enforcement
agency who hold certification issued by
the North Carolina Criminal Justice Edu-
cation and Training Standards Commis-
sion and who have previously completed
a commission-accredited 410-hour Basic
Law Enforcement Training Course ac-

credited by the North Carolina Criminal
Justice Education and Training Standards
Commission under guidelines adminis-
tered beginning July 1, 1989 and ending
January 1^ 1991 and who have been sepa-
rated from a sworn law enforcement po-
sition for no more than one year or who
have no break in service shall be required
to complete the following enumerated
topics of a commission-accredited Basic
Law Enforcement I raining Course and
successfully pass that portion of the State
Comprehensive Examination which deals
with those subjects within 12 months of
the date of their Oath of Office as pre-
scribed in 12 NCAC 10B .0503(a).

(A) Civil Process 24 hours

(B) Supplemental Custody
Procedures 8 hours
TOTAL HOURS 32 hours

(14) Persons who have previously completed
a minimum 410-hour Basic Law Enforce-
ment Training Course accredited by the
North Carolina Criminal Justice Educa-
tion and Training Standards Commission
under guidelines administered beginning
July 1, 1989 and who have been separated
from a sworn law enforcement position
for over one year but no more than three
years shall be required to complete the
following portions of a commission-
accredited Basic Law Enforcement Train-
ing Course and successfully pass the State
Comprehensive Examination within the
12 months probationary' period as pre-
scribed in 12 NCAC 10B .0503(a).

(A) Laws of Arrest, Search

and Seizure 16 hours

(B) Elements of Criminal

Law 24 hours

Procedures 8 hours

(D) Controlled Substances 6 hours

(E) ABC Laws and

Procedures 4 hours

( E) Motor Vehicle Laws 20 hours

(G) Civil Process 24 hours

(H) Supplemental Custody

Procedures 8 hours

(I) Eirearms Qualification (Handgun and

Shotgun Courses)

TOTAL HOURS 110 hours

(15) Persons who have completed a minimum
422-hour Basic 1 aw Enforcement Train-
ing Course accredited by the North
Carolina Sheriff's Education and Training
Standards Commission under the guide-

lines administered beginning January 1,

5:9 NORTH CAROLINA REGISTER August 1,1990

614

PROPOSED RULES

10S [ ) and ending January _K 19'H and who
has e been separated from a sworn law
enforcement position lor over one year
but no more than three years shall be re-
quired to complete the following portions
ot a commission-accredited Basic I aw
Enforcement Training Course and suc-

cessfulK
Examination

the State Comprehensive
within the 12 month

probationary period as prescribed in 12

NCAC 1HB .(1503(a).

(A) 1 aws of Arrest. Search

and Seizure 16 hours

(B) Elements of Criminal

1 aw

( D) Controlled Substances
(II) ABC I aws and

Procedures
( 1 •" ) Motor Vehicle I aws
(G) Civil Process

24 hours

I H ) Supplemental Custody

Procedures
( 1 ) 1 ircarms Qualification

Shotgun Courses)

lOlAI IIOIRS

8 hours
6 hours

4 hours
20 hours
24 hours

Shov

Handgun and

110 hours

( 16) Pi ' p . on ;. with part time experience w4+e-
havo boon separated from * sworn law
enforcement position fof more than «*e
veaf ' ' . hall tx* required te complet e a
aimmiii'iioii accredited Basic Law

I' nforcement Training Course m tfs eft-
tot^ ttft4 successfully pass the State
Comprehensive Examination within (4w
4-3 month probationary p e riod as pre-
scribed m 4-3 NCAC 444ft , i 1 50.1(a). Per-
sons who have previously completed a
minimum 410-hour Basic I aw I- nforce-
ment Training Course accredited by the
North C arolina Cnminal Education and
Training Standards Commission under

guidelines administered beginning July _K
1*JS L ) and ending January _E 1^1 and w ho
have been separated from a sworn law
enforcement position for over one year
but no more than three years shall be re-
quired to complete the following portions
ot a commission-accredited Basic 1 aw
Enforcement Training Course and suc-
cessfully pass the State Comprehensive
Examination within the 12 month
probationary period as prescribed in J_2
NCAC IOB .0503(a).

( A ) 1 aw s of Arrest. Search

and Seizure
( B ) Elements oj. Cnminal

1 aw

16 hours

24 hours

roceuures

S liours

6 hours

4 hours

'i i hours

>4 hours

8 hours

(D) Controlled Substances

( E ) ABC 1 aws and Procedures
(E) Motor Vehicle 1 aws
(G) Civil Procc
(II) Supplemental Custody

Procedures

(I) Eircarms Qualification ( I Iandgun and
Shotgun Courses)

TOTAI HOI RS 110 hours

(17) Persons who have completed a minimum
444-hour Basic I aw Enforcement Train-
ing Course accredited bv the North
Carolina Sheriffs' Education and draining

Standards Commission under the guide-
lines administered beginning January _E
1 9 C > 1 and who have been separated from
a sworn law enforcement position for over
one year but no more than three years
shall be required to complete the follow-
ing portions of a commission-accredited
Basic I aw Enforcement Training Course
and successfully pass the State Compre-

hensive Examination within the 12 month
probationary period as prescribed in 12
NCAC IOB 0503(a).

( A ) 1 aws of Arrest, Search

and Seizure 16 hours

(B) Elements of Cnminal
I aw

(D) Controlled Substances

(E) ABC 1 aws and
Procedures

(E) Motor Vehicle 1 aws

(G) Civil Process

(11) Supplemental Custody

Procedures
(I) Eirearms Qualification ( Handgun and

Shotgun Courses)

TOTAI IIOIRS 110 hours

X) Persons who have previously completed

a minimum 432-hour Basic I aw Enforce-

24 hours

S hours

6 hours

4 hours

20 hours

24 hours

X hours

ment Training Course accredited bv the
North Carolina Cnminal Education and
Training Standards Commission under

guidelines administered beginning January

_K 1 Wl and w ho have been separated
from a sworn law enforcement position
for over one year but no more than three
ears shall be required to complete the
following portions of a commission-
accredited Basic 1 aw Enforcement I'rain-
ine Course and successfully, pass the State

Comprehensive Examination within the

615

5: 9 \()R TH CAROLINA REGIS TER

August /, 1990

PROPOSED RULES

12 month probationary period as pre-
scribed in 12 NCAC JOB .0503(a).

(A) I ,aws of Arrest, Search

and Seizure 16 hours

(13) Elements of Criminal

I aw 24 hours

Procedures 8 hours

(D) Controlled Substances 6 hours

(E) ABC Laws and

Procedures 4 hours

(E) Motor Vehicle Laws 20 hours

(G) Civil Process 24 hours

(H) Supplemental Custody

Procedures 8 hours

(I) Eirearms Qualification ( 1 [andgun and
Shotgun Courses)

IOIA1 MOI KS 110 hours

( 19) Persons transferring to a sheriff's depart-
ment from another law enforcement
agency who hold certification issued by
the North Carolina Criminal Justice Edu-
cation and Training Standards Commis-

sion and who have previously completed
a commission -accredited 432-hour Basic
Law Enforcement Training Course ac-
credited by the North Carolina Criminal
Justice Education and '['raining Standards
Commission under guidelines adminis-
tered beginning January J^ 1 W 1 and who
have been separated from a sworn law
enforcement position for no more than
one year or who have no break in service
shall be required to complete the follow-
ing enumerated topics of a commission-
■ iii ledilcd Bask 1 ,nv I iiforcement
Training Course and successfully pass that
portion of the State Comprehensive Ex-
amination which deals with these subjects
within 1 2 months of the date of their Oath
of Office as prescribed in \2 NCAC MB
.0503(a). '

24 hours

(A) Civil Process

(B) Supplemental Custody
TOTAL IIOERS

8hc

32 he

(20) f4-H Persons who have completed training
as a federal law enforcement officer and
are appointed as a sworn law enforcement
officer in North Carolina shall be required
to complete a commission-accredited
Basic Eaw Enforcement Training Course
in its entirety regardless of previous federal
training and experience and successfully
pass the State Comprehensive Examina-
tion within the 12 month probationary
period as prescribed in 12 NCAC 10B
.0503(a).

(21 ) f44} Persons out of the law enforcement
profession for over three years regardless
of prior training or experience shall com-
plete a commission-accredited Basic l^w
Enforcement Training Course in its en-
tirety and successfully pass the State
Comprehensive Examination within the
12 month probationary period as pre-
scribed in 12 NCAC 10B .0503(a).

(22) (4#> Wildlife Enforcement Officers who
completed the Basic I.aw Enforcement
Training prior to September 30, 1985 and
are sworn as justice officers shall be sub-
ject to the evaluation rules as stated in
Rule .0505 Paragraphs (a)(1) and (a)(4)
through (44}t (11).

(23) f+Jtt> Wildlife Enforcement Officers who
separate from employment with the
Wildlife Enforcement Division and have
less than one year break in service, who
transfer to a Sheriff's Department in a
sworn capacity, and who completed their
Basic Training after September 30, 1985
shall complete the following blocs of in-
struction and pass the state exam in its
entirety:

(A) Crime Prevention

Techniques 4 hours

(B) Mechanics of Arrest:

Custody Procedure 2 hours

Processing Arrestee 4 hours

(D) Special Populations 10 hours

(E) Techniques of Traffic

I aw Enforcement 6 hours

(F) Dealing with Victims

and the Public 8 hours

(G) Civil Process 24 hours
(II) Supplemental Custody

Procedures 8 hours

TOTAL HOURS 66 hours

(24) f^tt} Wildlife Enforcement Officers who
completed Basic Eaw Enforcement
Training on or after September 30, 1985
and have been out of a sworn position
over one year but no more than three
years, and are sworn as a justice officer
must complete the following blocs of in-
structions and pass the state exam in its
entirety during their probationary' period.

(A) Laws of Arrest Search

and Seizure 1 6 hours

(13) Elements of Criminal

Law 24 hours

Procedures 8 hours

(D) Controlled Substances 6 hours

(E) ABC Laws and

5:9 NORTH CAROLINA REGISTER August I, 1990

616

PROPOSED RULES

Procedures 4 hours

(I) Motor Vehicle Laws 20 hours
(G) Crime Prevention

Techniques 4 hours

(II) Mechanics of Arrest:

Custody Procedures 2 hours

(I) Mechanics of Arrest:

Processing Arrestees 4 hours

(J) Special Populations IS hours

(K) Techniques of Traffic

Law Enforcement 6 hours

( I ) Dealing with Victims

and the Public 8 hours

( M ) Civil Process 24 hours

(N) Supplemental Custody

Procedures 8 hours

TOTAL HOURS 146 hours

Statutory Authority G.S. I7E-4; 17E-7.

SECTION .0600 - MINIMUM STANDARDS OF
TRAINING FOR JAILERS

.0601 JAILER CERTIFICATION COURSE

(b) Lach Jailer Certification Course shall in-
clude the following identified topic areas and ap-
proximate minimum instructional hours for each
area:

(26) Standard First Aid 8 hours

TOTAL HOURS 120 hours

Statutory Authority G.S. l7E-4(a).

.0603 EVALUATION FOR TRAINING WAIVER

(a) The following rules shall be used by divi-
sion staff in evaluating a jailer's training and ex-
perience to determine eligibility for a waiver of
training:

( 1 ) Persons who have separated from a jailer
position during the probationary period
after having completed a commission-
accredited jailer trainmg course and who
have been separated from a jailer position
for more than one year shall complete a
subsequent commission-accredited jailer
training course in its entirety and success-
fully pass the State Comprehensive Ex-
amination within the 12 month
probationary period as described in 12
NCAC 1 0B .0602(a).

(2) Persons who separated from a jailer posi-
tion during their probationary period after
having completed a commission-
accredited jailer training course and who
have been separated from a jailer position
for one year or less shall serve the re-
mainder o[ the initial prohationan period
in accordance with G.S. I7E-7(b), ft »ew

44 month probationary period, but need
not complete an additional jailor training
course, program.

(3) Persons holding General Jailer Certif-
ication who have completed a
commission-accredited jailer training
course and who have separated from a
jailer position for more than one year shall
complete a subsequent commission-
accredited jailer training course in its en-
tirety and successfully pass the State
Comprehensive examination within the
12 month probationary period as pre-
scribed in 12 NCAC 10B .0602(a).

(-4+ Peyseas holding General Jailor Cortif
icalion who have completed »
commi^ ' ion accredited jailer training
cours e ft«4 >■ ■ ho have been i . opumtod from

cr it. 1 Ml? 1 ( H' '11 It MI It * 1 rrTrrr TT?rtr l T f rtrr'TT 1 1 1 1 ii 1 *

sefve » n*w 4-2- month probationary pe-
riod, btri- need fte+ complete aft additional
jailer training course.

(4) (-5^ Persons holding Grandfather Jailer
Certification who separate from a jailer
position and remain separated from a
jailer position for more than one year shall
be required to complete a commission-
accredited jailer training program in its
entirety and successfully pass the State
Comprehensive Lxamination within the
12 month probationary period as pre-
scribed in 12 NCAC 10B .0602(a).

(5) fAf Persons transferring to a sheriff's de-

partment from another law enforcement
agency who hold a jailer certification is-
sued by the North Carolina Criminal
Justice Lducation and Training Standards
Commission shall be subject to evaluation
of their prior training and experience on
an individual basis. The Division staff
shall determine the amount of training re-
quired of these applicants.

Statutory Authority G.S. 17E-4; 17E-7.

.0605 COMPLETION OF JAILER

CERTIFICATION TRAINING COURSE

fa) bach delivery of an accredited "Jailer
Training" course is considered to be a unit. Lach
trainee shall attend and satisfactorily complete a
full course during a scheduled delivery. The Di-
rector may issue prior written authorization for
a specified trainee's limited enrollment in a sub-
sequent delivery of the same course where the
trainee provides evidence that:

( 1 1 The trainee attended and satisfactorily
completed specified class hours and topics
of the "Jailer Training' course but

6!~

5:9 NORTH CAROLINA REGISTER

August /, 1990

PROPOSED RULES

through extended absence occasioned by
illness, accident, emergency, or other good
cause was absent for more than ten per-
cent of the total class hours of the course
offering; or

(2) The trainee was granted excused absences
by the school director that did not exceed
ten percent of the total class hours for the
course offering and the school director
could not schedule appropriate make-up
work during the current course offering as
specified in 12 NCAC 10B .0604(c) due
to valid reasons; or

(3) The trainee participated in an offering of
the "Jailer Certification Course" hut had
an identified deficiency in essential know-

ledge or skill in either one, two or three,

but no more than three, of the specified
topic areas incorporated in the course
content as prescribed under 12 NCAC
10B .0601(b).
(c) An authorization of limited enrollment in
a subsequent course delivery permits the trainee
to attend an offering of the "Jailer Training"
course commencing within 120 calendar days
from the last date of trainee participation in prior
course delivery, but only if the trainee's enroll-
ment with active course participation can be ac-
complished within the period of the trainee's
probationary certification:

(1) The trainee need only attend and satisfac-
torily complete those portions of the
course which were missed or identified by
the school director as areas of trainee de-
ficiency in the proper course participation.

(2) following proper enrollment in the sub-
sequent course offering, scheduled class
attendance and active participation with
satisfactory achievement in the course, the
trainee would be eligible for adminis-
tration of the State Comprehensive Ex-
amination by the Commission and
possible certification of successful course
completion.

Statutory Authority G.S. I7E-4; 17 E-

SECTION .0700 - MINIMUM STANDARDS FOR
JUSTICE OFFICER SCHOOLS AND TRAINING
PROGRAMS OR COURSES OK INSTRUCTION

.0705 CERTIFICATION: SCHOOL DIRECTORS

(b) To qualify for certification as school direc-
tor of the Jailer Training Course:

(1) Submit a written request for the issuance
of such certification executed by the exec-
utive officer of the institution or agency
currently accredited, or which may be

seeking accreditation, by the Commission
to make presentation of accredited train-
ing programs and for whom the applicant
will be the designated school director.

(2) Be currently certified as a criminal justice
instructor by the North Carolina Criminal
Justice Education and Training Standards
Commission; and

(-i) Document succ e ssful participation i» a
special program presented by the North
Carolina Justice * Academy fe* purposes »f
familiarizatiem »«4 supplementation role)
vant te- delivery ef tb<* Jailer [raining
Course.

(3) (-H Attend or must have attended the most

current offering of the school director's
conference as presented by the Commis-
sion staff and staff of the North Carolina
Criminal Justice Education and Training
Standards Commission and Standards
Division.

Statutory Authority G.S. 17E-4.

SECTION .0900 - MINIMUM STANDARDS FOR
JUSTICE OFFICER INSTRUCTORS

.0908 LIMITED LECTURER CERTIFICATION

(b) To be eligible for a Limited Lecturer Cer-
tificate for topic areas set forth in Rule .0908(a),
the applicant must meet the qualifications as fol-
lows:

(1) Standard First Aid: Certified Standard
First A+4 Instructor with A** American
R-e4 Cross; a licensed physician, family
Nurse Practitioner, licensed Practical
Nurse (I PN), Registered Nurse (RN),
Physician's Assistant, or T \1 I ;

(2) Unarmed Self Defense; successful com-
pletion of N.C. Department of Cor-
rections Specialized Instructor Training -
Unarmed Self-Defcnsc; certified by N.C.
Criminal Justice Education and Training
Standards Commission as specific Cor-
rections Unarmed Self Defense Instructor;

(3) Handling Eire Emergencies: Chemistry
and Evacuation; Certified Tire Instructor;

(4) Handling Tire Emergencies: Classification
and Extinguishing; Certified Tire Instruc-
tor;

(5) Medical Care in a Jail: A Licensed Phy-
sician, Family Nurse Practitioner, LPN,
RN, or EM T, or Physician's Assistant;

(6) Psychological Disorders: Psychotic and
Neurotic Personality: A licensed Psychia-
trist, Psychologist, RN, or person holding
a degree in counseling, psychiatric nurs-
ing, or psychiatric social work;

5:9 NORTH CAROLINA REGISTER August 1,1990

6hS

PROPOSED RULES

(7) Communicable Diseases: a licensed Phy-
sician, Family Nurse Practitioner, li-
censed Practical Nurse (LPN). Registered
Nurse (RN), Physician's Assistant, or
EMT;

(8) Transportation of Inmates: A certified
instructor with the North Carolina Crim-
inal Justice Fducation and Training
Standards Commission with a minimum
of two years of related or relevant experi-
ence;

(9) Stress: A certified instructor with the
North Carolina Criminal Justice Educa-
tion and Training Standards Commission
with a minimum of two years of related
or relevant experience;

(10) Written Communication: A certified in-
structor with the North Carolina Criminal
Justice Education and Training Standards
Commission with a minimum of two
years of related or relevant experience; or
a person with a four year degree with a
major in English.

Statutory- Authority G.S. 17E-4.

.0909 TERMS AND CONDITIONS OF A

LIMITED LECTURER CERTIFICATION

(h) The probationary instructor will be eligible
for full Limited Lecturer status at the end of the
probationary period if the instructor, through
application, submits to the Commission:

(1) a favorable recommendation from a school
director accompanied by certification on
a commission-approved Instructor Evalu-
ation Form that the instructor taught at
least four hours (three hours each for
topics of Stress. aft4 Written Communi-
cation and Communicable Diseases) in
each of the topics for which Limited Lec-
turer Certification, Probationary Status
was granted. Such instruction must have
occurred in a commission-accredited jailer
training course during the probationary
period. The results of the student evalu-
ation must be considered by the school
director when determining the recom-
mendation: or

(2) a favorable written evaluation by a com-
mission or staff member, based on an on-
site classroom evaluation of the
probationary instructor in a commission-
accredited jailer training course. Such
evaluation must be certified on a
commission-approved Instructor Evalu-
ation Form completed for each of the
topics where the probationary instructor
taught a minimum of four hours (three

hours each for topics of Stress and Writ-
ten Communications) and for which
limited Lecturer Certification was
granted.

Statutory Authority G.S. I7E-4.

SECTION .1000 - PROFESSIONAL

CERTIFICATE PROGRAM FOR SHERIFFS AND

DEPLTY SHERIFFS

.1002 GENERAL PROVISIONS

(a) In order to be eligible for one or more of
the professional awards, a sheriff or deputy sheriff
shall first meet the following preliminary quali-
fications:

(4) Employees of a North Carolina Sheriff's
Department who have successfully com
pleted a commission accredited Basic I aw
Enforcement Training Course ftft4 have
previously held general or grandfather law
enforcement officer certification but are
presently, by virtue of promotion or
transfer, serving in non-sworn positions
not subject to certification are eligible to
participate in the Professional Certificate
Program. Eligibility for this exception
requires continuous employment with the
sheriff's department from the date of pro-
motion or transfer from a sworn, certified
position to the date of application for a
professional certificate.

Statutory Authority G.S. 17E-4.

.1003 BASIC LAW ENFORCEMENT
CERTIFICATE

In addition to the qualifications set forth in
Rule .1002. an applicant for the Basic Law
Enforcement Certificate shall: have Hft \**s tfta«
<=►«*» y-eaf *4 seprice. ft«4 shall have completed aft
accredited baste law enforcement training course
&? the equivalent a* determin e d by tfte Com mis

( 1 ) have no less than one vear of sen ice: and

( 2) have successtullv completed a commission-
accredited basic law entorcement training
course: or

(3) have completed a minimum of 160 hours
of training in the field of law enforcement.

Statutory Authority G.S. I7E-4.

.1006 HOW TO APPLY

(c) Documentation ef "full time. p*+4 employ
mont" shall be provided by a certified letter from
(-he Departm e nt s personnel payro l l division ve^-
i tying such employment. Documentation of the
applicant s length of service shall be provided by

619

5:9 \ORTH CAROLINA REGISTER August 1, 1990

PROPOSED RULES

certified copies of past Oaths of Office, by certi-
fied letters of verification of employment from
present and or former employees ( law enforce-
ment agencies), or other verifying documents at-
tached to the application.

Statutory Authority G.S. 17E-4.

SECTION .1 100 - JUSTICE OFFICERS' SERVICE
AWARD PROGRAM

.1105 HOW TO APPLY

(b) Documentation of the applicant's length
of service shall be provided by certified copies of
past Oaths of Office, by certified letters of verifi-
cation of full tim e employment from present
and/or former employers (law enforcement
agencies), or other verifying documents attached
to the application.

Statutory Authority G.S. I7E-4.

SECTION .1200 - PROFESSIONAL
CERTIFICATE PROGRAM FOR JAILERS

.1203 BASIC JAILER PROFESSIONAL
CERTIFICATE

In addition to the qualifications set forth in
Rule .1202, an applicant for the Basic Jailer
Professional Certificate shall: have m» let* than
tme ve«f t4 wrvice, ««4 ■■ hall have completed mi
accredited Jailer Certification Cuurw ef t4**
equivalent a* det e rmin e d by the Commiti ' . i ion.

( 1 ) have no less than one year of service; and

(2) have completed an accredited Jailer Certif-
ication Course; or

(3) have completed a minimum of SO hours of
training in the field of jails or corrections.

Statutory Authority G.S. I7E-4.

.1206 HOW TO APPLY

(c) Documentation of the applicant's length of
service shall be provided by certified letters of
verification cy\_ employment trom present and or
former employers, or other verifying documents
attached to the application.

(d) (-ef The applicant shall submit the "Appli-
cation: Professional Certificate, Service Award",
(F-6) to his sheriff who shaLl attach his recom-
mendation and forward the application to the
Commission. Certificates will be issued to the
sheriff for award to the applicant.

Statutory Authority G.S. I7E-4.

SECT ION .2100 - JUSTICE OFFICERS'

FIREARMS IN-SERVICE TRAINING

REQI Al II IC ATION PROGRAM

.2102 INSTRUCTORS

The following requirements and responsibilities
are hereby established for instructors who con-
duct the Justice Officers In-Service Firearms
Training and Requalification Program:
(3) The instructor shall document the success-
ful or unsuccessful completion of training
for each officer on the Coinmi '. hion's a
commission-approved Firearms Requali-
fication Record form and forward such
form to each officer's department head.

Statutory Authority G.S. I7E-4; I7E-7.

.2104 IN-SERVICE FIREARMS

REQUALIFICATION SPECIFICATIONS

(a) All justice officers who are authorized by
the sheriff to carry a handgun shall qualify a
minimum of once each year with each handgun
that the officer is authorized to carry 7 while on
duty on a commission-approved day and night
course as follows:

( 1 ) Day course of fire i. luuild shall include at
a minimum but not limited to 30 rounds
using duty ammunition or duty-type am-
munition with the same specifications as
those found in the duty ammunition au-
thorized by the Department for the spe-
cific weapon; firing six rounds from three
yards; 12 rounds from seven yards; six
rounds from 15 yards; six rounds from 25
yards. Firing should be timed firing (i.e.,
draw and fire two rounds in three sec-
onds). Firing should be from a variety of
positions. (Fxamplc: standing, kneeling,
prone (using various cover positions).]

(2) Night course of fire tihould shall include
at a minimum but not limited to 30
rounds firing si* round; , using duty am-
munition or duty-type ammunition with
the same specifications as those found in
the duty ammunition authorized by the
Department for the specific weapon; firing
six rounds from three yards; six rounds
from five yards; 12 rounds from seven
yards; and six rounds from 15 yards.
Firing should be timed firing (i.e., draw
and fire two rounds in three seconds).
Firing should be from a variety of posi-
tions. [Example: standing, kneeling,
prone (various cover positions).) Firing
must occur under various light conditions
to include total darkness; vehicle blue
light; vehicle head light; and all available
lights.

(b) All justice officers who are issued, or oth-
crwisc authorized bv the sheriff to carry Bf have

>:9 NORTH CAROLINA REGISTER August 1,1990

620

PROPOSED RULES

access te- a shotgun, rifle, or automatic weapon
shall be required to qualify with each weapon
respectively a minimum of once each year on a
commission-approved course of fire as follows:
( 1 ) Shotgun course of fire must shall include
at a minimum but not limited to a mini
mum ©f five rounds using duty ammuni-
tion or duty-type ammunition with the
same specifications as those found in the
duty ammunition authorized by the De-
partment for the specific weapon: firing
two rounds from 15 yards; three rounds
from 25 yards.
Rifle course of fire must shall include at a

(2)

(3)

minimum but not limited to firing five
rounds from a minimum distance of 50
yards. The ammunition used shall be »f
duty ammunition; or duty-type ammuni-
tion with the same specifications as those
found in the duty ammunition authorized
by the Department for the specific
weapon, from ^4 yards.
Automatic course of fire should shall in-
clude at a minimum but not limited to
firing 20 rounds at a maximum of 50
yards. The ammunition used shall be
dutv ammunition: or dutv-tvpe ammuni-
r.'.'n •.'. ith the vime ^xvilk.itioriN as thov
found in the duty ammunition authorized
bv the Department for the specific
weapon.

Statutory Authority G.S. I7E-4; 17E-',

McFadyen, P. O. Box 27687, Raleigh, NC
27611-7687, telephone: (919) 733-0379. Written
comments may be submitted to the above address
30 days prior to the public hearing. Written and
oral comments may also be presented at the public
hearing. Xotice of an oral presentation must be
given to the above address at least 3 days prior to
the public hearing.

CHAPTER 18 - ENVIRONMENTAL HEALTH

SL'BCH AFTER 18D - WATER TREATMENT
FACILITY OPERATORS

SECTION .0300 - APPLICATIONS AND FEES

.0304 FEE SCHEDULE

(b) The cost of a temporary certificate shall be
fifteen dollars (SI 5.00) eighteen dollars ($18.00)
for a new certificate.

(d) The cost of the annual certification renewal
shall be fifteen dollars (115.00). eighteen dollars
(SIS. 00). Renewal fees shall be payable the first
of each calendar year and shall be delinquent on
the first day of February if not paid pnor to that
date. Delinquent certifications shall be charged
an additional fee of thirty dollars ($30.1)0) on the
first dav of February of each year.

Statutory Authority G.S. 90A-27.

TITLE 21 - OCCUPATIONAL LICENSING
BOARDS

TITLE ISA - DEPARTMENT OF

ENVIRONMENT, HEALTH, AND

NATURAL RESOURCES

otice is hereby given in accordance with G.S.
1 SOB- 1 2 that the Water Treatment Facility Oper-
ators Board of Certification intends to amend
rule(s) cited as ISA NCAC 18D .0304 fbj and

id,.

/x fiscal note has been issued and a copy is
available from the agency.

1 he proposed effective date of this action is De-
cember 1, 1990. '

1 he public hearing will be conducted at 9:30
a.m. on September II, 1990 at the Jane S.
McKimmon Center. X. C. State University,
Western Blvd., Raleigh, NC.

Comment Procedures: Any person requiring
information may contact: Mr. John C.

ly otice is hereby given in accordance with G.S.
I SOB- 1 2 that the State Board of Examiners of
Plumbing and Healing Contractors intends to
amend rule is) cited as 2/ NCAC 50 .0306, .0408
and adopt rule(s) cited as 21 XCAC SO .1201 -
.1214, and .1301 - .1305.

1 he proposed effective date of this action is De-
cember 1, 1990.

1 he public hearing will be conducted at 9:00
a.m. on September 13, 1990 at the McKimmon
Center, North Carolina State University, Western
Boulevard at Gorman Street, Raleigh. X.C.

O omment Procedures: Persons wishing to pres-
ent oral data, views or argument on a proposed
rule or tide change may file a notice with the
Board at least 10 days prior to the public hearing
at which the person wishes to speak. Comments
should be limited to 10 minutes. The address of
the Board is P.O. Box 110. Raleigh. X.C. 27602.

621

5:9 SORTH CAROLINA REGISTER August I, 1990

PROPOSED RULES

Written comments or arguments may be presented
at any time before September 29, 1990.

CHAPTER 50 - BOARD OF PLUMBING AND
HEATING CONTRACTORS

SECTION .0300 - EXAMINATIONS

.0306 APPLICATIONS: ISSUANCE OF
LICENSE

(a) All applicants for regular examinations shall
file an application in the office of the executive
secretary' on or before the date set out on the
examination application form, which date will
be at least rW 60 days prior to the examination.

(b) Applicants for the October 1090 examina-
tion shall present evidence at the time of appli-
cation on forms provided by the Board to
establish six months full-time experience in the
installation, maintenance, service or repair of
plumbing or heating systems related to the cate-
gory for which license is sought, whether or not
license was required for the work performed.
One year of experience will be required of appli-
cant for the April 1991 examinations, 18 months
experience for the October 1991 examination,
and two years of experience for the April 1992
examination and examinations conducted there-
after. Up to one-half the experience may be in
academic or technical training directly related to
the field of endeavor for which examination is
requested. The Board will pro rate part-time
work of less than 40 hours per week or part-time
academic work of less than 15 semester or quar-
ter hours.

(c) Applicants who obtain a license will receive
a certificate issued by the Board, bearing the li-
cense number assigned to the qualifying individ-
ual. The license number shall not be assigned
or transferred to am other individual, except
that, to preserve the identity of firms, an individ-
ual holding a license in good standing who de-
sires to retire or surrender his license may, at the
end of the year in which he desires to surrender
his license, instruct the Board in writing to
transfer his license number to a licensed individ-

ual who is an officer, director, or lulltime em-
ployee of the firm which was previously qualified
tor license by the individual qualification of the
retiring licensee, provided further the retiring
licensee certifies to the Board that the licensee is
not being compensated for transfer of the num-
ber and the licensee will not thereafter be affil-
iated with

The individual
shall retire his

a licensed firm.
receiving the renumbered license
prior license to the Board.

(4+ 44** lic e ns e number 4»W wM- h% assigned
«+f transferred to- tmy other individual.

Statutory Authority G.S. 87-/8; 87-21 (b).
SECTION .0400 - GENERAL PROCEDl RES

.0408 CHANGE OF TRADE NAME

(a) The trade name under which a license is
issued may be changed upon request to and ap-
proval by the Board. If the Board approves the
name change, the last license issued to the
licensee must be returned to the executive secre-
tary.

(b) A license w+U- ho4- be issued &f renewed i» a
Hit) ef similar name te any pr e e xisting license
issued to- a corporation, partnership e* business
with a trade nam e operating within a 440 mile
radius e£ the applicant fof tht» nam e chang e . A
license will be issued or renewed using any cor-
porate name, partnership name, or trade name
which is not identical to a name already in use
according to the records of the Board.

Statutory Authority G.S. 55B-5; 87-18; 87-26.
SECTION .1200 - PETITIONS FOR RULES

.1201 PETITION FOR RULEMAKING
HEARINGS

Any person wishing to submit a petition re-
questing the adoption, amendment or repeal of
a rule by the Board shall address a petition to:
State Board of Examiners of Plumbing and
Heating and Refrigeration Contractors, Box 110,
Raleigh, North Carolina 27602. The petition
should clearly bear the notation:
RULEMAKING PETITION RE and then the
subject area, for example, RE G.S. 87-2 l(a)( 1)
RE ADMINISTRATIVE PROCEDURE ACT,
RE AIR CONDITIONING SYSTEMS, or an
indication of any other area over which the
Board may have rulemaking authority.

Statutory Authority
1 SOB- 16.

G.S. 87-18: 150B-U;

.1202 CONTENTS OF PETITION

The petition should include the following in-
fo rmation:

(1) an indication of the subject area to which
the petition is directed; for example, "This
is a petition to hold a rulemaking hearing to
amend Rule .0000 pertaining to Adminis-
trative Procedure Act filing requirements";

(2) cither a draft of a proposed rule or a sum-
mary of its contents;

(3) reasons for the proposal;

(4) the effect on existing rules or orders;

(5) any data supporting the proposal;

5:9 NORTH CAROLINA REGISTER August 1,1990

622

PROPOSED RULES

(6) effect of the proposed rule on existing
practices in the area involved, including cost
factors;

(7) names of those most likely to be affected
by the proposed rule, with addresses if rea-
sonable known:

(S) name(s) and address(es) of petitioner(s).

Statutory Authority G.S. 87-/8; I50B-16.

.1203 DISPOSITION OF PETITIONS

(a) The Executive Secretary of the Board will
determine whether the public interest will be
served by granting the request. Prior to making
this determination, the I'xecutive Secretary may
request additional information from the
pctitioner(s), he may contact interested persons
or persons likely to be affected by the proposed
rule and request comments; he may use any other
appropriate method for obtaimng information on
which to base a determination. The Executive
Secretary will consider all of the contents of the
petition submitted plus any other information
obtained by the means described herein.

(b) The Executive Secretary will make a re-
commendation to the Board for the institution
of rulemaking proceedings or for the denial of the
petition, as the case may be.

(c) Within 120 days of submission of the peti-
tion, a final decision will be rendered by the
Board. If the decision is to deny the petition the
Board will notify the petitioner in writing, stating
the reasons therefor. If the decision is to grant
the petition, the Board, within 120 days of sub-
mission, will initiate a rulemaking proceeding by
issuing a rulemaking notice, as provided in these
Rules.

Statutory Authority G.S. 87-18; 150B-16.

.1204 NOTICE OF RULEMAKING HEARINGS

Upon a determination to hold a rulemaking
proceeding, either in response to a petition or
otherwise, the Board will give at least 30 days'
notice to all interested persons of a public hearing
on the proposed rule.

Statutory Authority G.S. 87-18; 1S0B-12.

.1205 NOTICE MAILING LIST

Any person or agency desiring to be placed on
the mailing list for the Board rulemaking notices
shall tile such request in writing, furnishing his
name and mailing address to the Board at Box
110. Raleigh. North Carolina 27602. The re-
quest shall state those subject areas within the
authority of the Board for which notice is re-
quested. The Board may require reasonable

postage and stationer,' costs to be paid by per-
sons receiving such notices.

Statutory Authority G.S. 87-18; 15013-12.

.1206 ADDITIONAL INFORMATION

Persons desiring information in addition to that
provided in an individual rulemaking notice shall
contact the Board at Box 110, Raleigh, North
Carolina 27602. Any written communication
should clearly indicate the rulemaking proceeding
which is the subject of the inquiry.

Statutory Authority G.S. 87-18; 150B-I2.

.1207 RF.Ql EST TO PARTICIPATE

Any person desiring to present oral data, views,
or arguments on the proposed rule must, at least
1 days prior to the hearing, file a notice with the
Board. Notice of desire to appear may be
waived, or failure to give notice may be excused,
by the presiding officer, in his discretion. Any
person permitted to make an oral presentation is
encouraged to submit a written copy of the
presentation to the Executive Secretary prior to
or at the hearing.

Statutory Authority G.S. 87-18; 150B-12.

.1208 CONTENTS OF REQUEST; GENERAL
TIME LIMITATIONS

A request to make an oral presentation should
contain a clear reference to the proposed rule, a
brief summary of the individual s views in respect
thereto, and how long the individual desires to
speak. Presentations shall be limited to 10 min-
utes unless the Board prescribes some other time
limit.

Statutory Authority G.S. 87-18; 150B-I2.

.1209 RECEIPT OF REQUEST; SPECIFIC
TIME LIMITS

I'pon receipt of notice of a person's desire to
present his views orally, the Board will acknowl-
edge receipt of the request and inform the person
of the imposition of any limitations deemed nec-
essary to the end of a full and effective public
hearing on the proposed rule.

Statutory Authority G.S. 87-18; I SOB- 1 2.

.1210 WRITTEN SUBMISSIONS

(a | Any person may tile a written submission
containing data, comments or arguments, after
publication of a rulemaking notice and up to the
day of the hearing, unless a different period has
been prescribed in the notice or granted upon
request. These written comments shall be sent

623

5:9 M)RTH CAROLINA REGISTER August 1,1990

PROPOSED RULES

to the Board at Box 111), Raleigh, North
Carolina 27602. The should clearly state the
rulc(s) or proposed rule(s) the comments are ad-
dressed to.

(b) Upon receipt of written comments, ac-
knowledgment will be made with an assurance
that the comments therein will be considered
fully by the Board.

Statutory Authority G.S. 87-/8; 150B-12.

.1211 PRESIDING OFFICER; POWERS AND
DUTIES

The presiding officer at the hearing shall have
complete control of the proceedings, including:
extensions of any time requirements, recognition
of speakers, time allotments for presentations, the
right to question speakers, direction of the dis-
cussion, and management of the hearing. The
presiding officer, at all times, will take care that
each person participating in the hearing is given
a fair opportunity to present views, data and
comments.

Statutory Authority G.S. 87-18: I SOB- 1 2.

.1212 STATEMENT OF REASONS FOR
DECISION

(a) Any interested person desiring a concise
statement of the principal reasons for and against
the adoption of a rule by the Board and the fac-
tors that led to overruling the considerations
urged against its adoption, may submit a request
to the Executive Secretary at the Board at Box
110, Raleigh, North Carolina 27602.

(b) For purposes of Paragraph (a) of this Rule,
an "interested person" shall be any person(s)
whose rights, duties or privileges might be af-
fected by the adoption of the rule in question,
or any group or organization of persons whose
rights, duties or privileges might be affected by
the rule.

Statutory Authority G.S. 87-18; 150B-I2(e).

.1213 RECORD OF PROCEEDINGS

A record of all rulemaking proceedings will be
maintained in the office of the Board for as long
as the rule is in effect, and for five years there-
after. This record will contain: the original pe-
tition, the notice, all written memoranda and
information submitted, and a record or summary
of oral presentations, if any. Record of
rulemaking proceedings will be available for
public inspection during the regular office hours.

Statutory Authority G.S. 87-18; IS0B-I2.

.1214 TEMPORARY RULES

Temporary rules may be adopted under the cir-
cumstances described in G.S. 150B-13.

Statutory Authority G.S. 87-18; 1S0B-13.

SECTION .1300 DECLARATORY RULINGS

.1301 SUBJECTS OF DECLARATORY
RULINGS

Any person aggrieved by a statute administered
or rule promulgated by the Board, may request
a declaratory ruling as to either the manner in
which a statute or rule applies to a given factual
situation, if at all, or whether a particular agency
rule is valid.

Statutory Authority G.S. 87-/8; 1 SOB- 17.

.1302 SI BMISSION OF REQUEST FOR
Rl LING

All requests for declaratory rulings shall be
written and mailed to the Board at Box 110,
Raleigh, North Carolina 27602. The container
of the request should bear the notation: RE-
QUEST FOR DECLARATORY RULING.
The request must include the following informa-
tion:

(1) name and address of petitioner;

(2) statute or rule to which petition relates;

(3) concise statement of the manner in which
petitioner is aggrieved by the rule or statute
or its potential application to him;

(4) a statement of whether an oral hearing is
desired, and if so, the reason therefor.

Statutory Authority G.S. 87-18; I SOB- 1 2.

.1303 DISPOSITION OF REQUESTS

(a) When the Board deems it appropriate to
issue a declaratory ruling it shall issue such
declaratory ruling within 60 days of receipt of the
petition.

(b) A declaratory' ruling proceeding may consist
of written submissions, an oral hearing, or other
procedure as may be appropriate in the circum-
stances of the particular request.

(c) Whenever the Board believes "for good
cause" that the issuance of a declaratory ruling is
undesirable, the Board may refuse to issue such
ruling. When good cause is deemed to exist, the
Board will notify the petitioner of its decision in
writing, stating the reasons for the denial of the
declaratory ruling.

5:9 NORTH CAROLINA REGISTER August 1,1990

624

PROPOSED RULES

I'd) For purposes of Paragraph (c) of this Rule,
the Board will ordinarily refuse to issue a
declarator, ruling:

( 1 1 unless the petitioner shows that the cir-
cumstances are so changed since the
adoption of the rule that such a ruling
would be warranted;

(2) unless the petitioner shows that the Board
did not give to the factors specified in the
request for a declaratory' ruling a full con-
sideration at the time the rule was issued;

(3) where there has been a similar controlling
factual determination in a contested case.
or where the factual context being raised
for a declaratory ruling was specifically
considered upon the adoption of the rule
or directive being questioned, as evidenced
by the rulemaking record;

(4) where the subject matter of the request is
involved in pending litigation in any state
or federal court in North Carolina.

Statutory Authority G.S. 87-/8; 150B-17.

.1304 RECORD OF DECISION

A record of all declaratory rulemaking pro-
ceedings will be maintained in the office of the
Board for as long as the ruling is in effect and for
five years thereafter. This record will contain:
the petition, notice, all written submissions filed
in the request, whether filed by the petitioner or
any other person, and a record or summary of
oral presentations, if any. Records of rulemaking
proceedings will be available for public in-
spection during the regular office hours of the
Board.

Statutory Authority G.S. 87-/8.

.1305 DEFINITION

lor purposes of Rule .1304 of this Section, a
declaratory ruling shall be deemed to be "in
effect": until the statute or rule interpreted by the
declaratory ruling is amended, altered or repealed;
until the Board changes the declaratory ruling
prospectively; or until the court sets aside the
ruling in litigation between the Board and the
parts requesting the rule: or until any court of the
.Appellate Division of the General Court of Jus-
tice shall construe the statute or rule which is the
subject of the declaratory ruling in a manner
plainly irreconcilable with the declaratory ruling.

x„

Statutory
150B-I7.

Authority G.S. 87-18; 150B-11

********

*********

otice is hereby given in accordance with G.S.
J SOB- J 2 that the North Carolina Real Estate
Commission intends to amend ruleisi cited as 21
NCAC58C .0302, .0308; 58D .0102, .0201, .0302.
.0401. .0403. .0405 - .0407, and .0409.

1 he proposed effective date of this action is
January 1. 1991.

1 he public hearing will be conducted at 10:00
a.m. on September 5. 1990 at the Office of the
\orth Carolina Real Estate Commission. 1313
Navaho Drive, Raleigh. North Carolina 2 7 609.

C omment Procedures: Comments regarding the
rules may be made orally or submitted in writing
at the public hearing. Written comments not
submitted at the hearing may be delivered to the
North Carolina Real Estate Commission. Post
Office Box 17100, Raleigh. North Carolina 27619,
so as to be received by the hearing date.

CHAPTER 58 - REAL ESTATE COMMISSION

SI BCHAPTER 5W - REAL ESTATE AM)
APPRAISAL EDUCATION

SECTION .0300 - PRE-LICENSING AND
PRE-CERTIFICATION COl RSES

.0302 PROGRAM STRUCT! RING

(b) Except as provided in Paragraph fd) of this
Rule, appraisal pro tieeasiftg (ro -' idiMitial ap-
praiser) residential appraiser prc-liccnring pre-
certification education programs must consist of
the following three courses, each involving a
minimum of 30 classroom hours:

( 1 1 Introduction to Real Estate Appraisal;

( 2 ) Valuation Principles and Procedures: and

(3) Applied Residential Property Valuation.
These courses must be completed sequentially in
the order listed.

(c) Fxccpt as provided in Paragraph (di of this
Rule, appraisal pro certification ( general ap-
prais e r) general appraiser pre-certification educa-
tion programs must consist of the following three
courses, each involving a minimum of 30 class-
room hours, in addition to the three residential
appraiser courses prescribed in Paragraph (b) of
this Rule:

(1) Introduction to Income Property Ap-
praisal;

(2) Advanced Income Capitalization Proce-
dures: and

(3) Applied Income Property Valuation.
These courses must be completed sequentially in
the order listed and completion ot the residential
appraiser courses within the previous five years

625

5:9 NORTH CAROLINA REGISTER August 1. 1990

PROPOSED RULES

or possession of a current appraiser license must
be a prerequisite for enrollment in the general
appraiser courses.

Statutory Authority G.S. 93A-4(a),(d); 93A-33;
93A-75(a).

.0308 APPRAISAL INSTRUCTORS

(a) Except as indicated in Paragraph (b) of this
Rule, all appraisal pre-licensing and pre-
certification courses must be taught by instruc-
tors who possess good moral character and cither
the minimum appraisal education and experience
qualifications listed in this Rule or other quali-
fications that arc found by the Commission to
be equivalent to those listed. These qualification
requirements must be met on a continuing basis.
For a previously-approved instructor, experience
in teaching appraisal courses may be substituted
for any required appraisal experience when a
school is seeking continued approval of the in-
structor. The minimum qualifications are as
follows:

(1) Pro licencing (residential appraiser) Resi-
dential appraiser courses: 90 classroom
hours of real estate appraisal education
and either two years' full-time experience
as a residential real estate appraiser within
the previous five years or three years'
full-time experience as a general real estate
appraiser within the previous five years,
with at least one-half of such experience
being in residential property appraising.
After July 1, 1991, instructors must also
be state-licensed real estate appraisers.

(2) Pro certification (general apprainer) General

appraiser courses: 180 classroom hours of
real estate appraisal education and three
years' full-time experience as a general real
estate appraiser within the previous five
years, with at least one-third of such ex-
perience being in income property ap-
praising. After July 1, 1991, instructors
must also be state-certified real estate ap-
praisers.

Statutory Authority G.S. 93A-33; 93A-75(a).

SUBCHAPTER 58D - REAL ESTATE
APPRAISERS

SECTION .0100 - APPLICATION FOR
APPRAISER LICENSE OR CERTIFICATE

.0102 FILING \N'D FEES

(b) The following fees shall be charged:

( 1 ) application for original residential ap-
praiser license $100.00

(2) application for original residential ap-
praiser certificate SI 00.00

(3) application for original general appraiser
certificate $100.00

Statutory Authority G.S. 93A-73(a),(b); 93A-77.

SECTION .0200 - APPRAISER LICENSING AND
CERTIFICATION

.0201 QUALIFICATIONS FOR APPRAISER
LICENSURE AND CERTIFICATION

(a) Applicants for licensure as a state-licensed
real estate appraiser and for certification as a
state-certified real estate appraiser must satisfy
the qualification requirements stated in G.S.
93A-73. Licensure as a state-licensed real estate
appraiser is not a prerequisite for certification as
a state-certified residential or general real estate
appraiser.

Statutory Authority G.S. 93A-73; 93.4-77.

SECTION .0300 - APPRAISER EXAMINATIONS

.0302 SLBJECT MATTER

(a) The examination for licensure as a state-
licensed residential real estate appraiser and for
certification as a state-certified residential real es-
tate appraiser shall test applicants on the follow-
ing general subject areas:

( 1) basic real property law;

(2) concepts of value;

(3) forces affecting real estate values;

(4) residential real estate financing;

(5) residential construction and design;

(6) the appraisal process;

(7) valuation principles and procedures;

(8) application of valuation principles and
procedures to the valuation of various
types of residential properties and to re-
lated appraisal assignments;

(9) standards of appraisal practice;

(10) the North Carolina Real Estate Ap-
praisers Act and related Commission
rules; and

(11) related subject areas.

(b) In addition to the subject areas fisted in (a)
of this Rule, the examination for certification as
i state-certified general real estate appraiser shall
test applicants on the following general subject
areas:

(1) income capitalization principles and pro-
cedures;

(2) application of valuation principles and
procedures to the valuation of all types of
income-producing and other properties
and to related appraisal assignments; and

5:9 NORTH CAROLINA REGISTER August I, 1990

626

PROPOSED RULES

(3) related subject areas.
Statutory Authority (7.5. 93A-73(c); 93A-77.

SECTION .0400 - GENERAL APPRAISAL
PRACTICE

.0401 LSE OF TITLES

(a) A state-licensed residential real estate ap-
praiser shall utilize the term "state-licensed resi-
dential real estate appraiser" and a state-certified
residential real estate appraiser shall utilize the
term "state-certified residential real estate ap-
praiser" when performing appraisals of residential
real estate, as defined in G.S. 93A-72, or any in-
terest therein. A state-certified general real estate
appraiser shall utilize either the term "state-
certified general real estate appraiser" or "state-
certified residential general real estate appraiser"
when performing appraisals of all types of real
estate or any interest therein.

Statutory Authority G.S. 93A-77.

.0403 ADVERTISING

(a) When advertising or otherwise holding
himself out as a real estate appraiser, a state-
licensed residential real estate appraiser shall
identify himself as a "state-licensed residential
real estate appraiser", a state-certified residential
real estate appraiser shall identify himself as a
"state-certified residential real estate appraiser"
and a state-certified general real estate appraiser
shall identify himself as either a "state-certified
general real estate appraiser" or a "state-certified
residential general real estate appraiser".

Statutory Authority G.S. 93A-71(d); 93A-77.

.0405 CERTIFIED APPRAISALS

(a) A state-certified residential real estate ap-
praiser mav perform certified appraisals of resi-
dential real estate and a state-certified general real
estate appraiser may perform certified appraisals
on all types of real estate and may identify such
appraisals as being "certified".

77.

Statutory Authority G.S. 93A-7l(g); 93A-

.0406 APPRAISAL REPORTS

(a) Each written appraisal report prepared by
or under the direction of a state-licensed or
state-certified real estate appraiser shall bear the
signature of the state-licensed or state-certified
appraiser, the license or certificate number of the
licensee or certificate holder in whose name the
appraisal report is issued, and the designation
"state-licensed residential real estate appraiser",
"state-certified residential real estate appraiser".

or the designation "state-certified general real es-
tate appraiser" or "state-certified
residential; general real estate appraiser", as ap-
plicable. Each such appraisal report shall also
indicate whether or not the state-licensed or
state-certified appraiser has personally inspected
the property, and shall identify any other person
who assists in the appraisal process other than
by providing clerical assistance.

(b) Every state-licensed and state-certified real
estate appraiser shall affix or stamp to all ap-
praisal reports a seal of a design authorized by the
Commission which shall set forth the name and
license or certificate number of the appraiser in
whose name the appraisal report is issued and
shall identify the appraiser as a "state-licensed
residential real estate appraiser" a "state-certified
residential real estate appraiser", or as a "state-
certified general real estate appraiser" or "state-
certified residential general real estate appraiser",
as applicable.

Statutory Authority G.S. 93A-77.

.0407 MANAGING APPRAISER

(a) A "managing appraiser" shall be designated
with the Commission for each appraisal firm and
each combined real estate brokerage and ap-
praisal firm for which real estate appraisals are
performed by:

(1) two or more state-licensed or state-
certified real estate appraisers who are
employed by or associated with the firm;
or

(2) unlicensed or uncertified assistants, other
than clerical employees, who are em-
ployed by or associated with the firm and
who assist a state-licensed or state-
certified real estate appraiser in the per-
formance of real estate appraisals.

If one or more state-certified general real estate
appraisers is employed by or associated with the
firm, the managing appraiser must be a state-
certified general real estate appraiser, t hovu ' vor.
If one or more state-certified residential real es-
tate appraisers is emplo\ ed hv or associated with
the firm, the managing appraiser must be a
state-certified residential or general real estate
appraiser. If only state-licensed real estate ap-
praisers are employed by or associated with the
firm, the managing appraiser may be a state-
licensed real estate appraiser.

(b) The designated managing appraiser shall
be responsible for:

( 1 ) the proper display of licenses and certif-
icates of all state-licensed and state-
certified real estate appraisers employed
by or associated with the firm, and ascer-

627

5:9 NORTH CAROLINA REGISTER August I, 1990

PROPOSED RULES

taining whether each licensee or certificate
holder employed by or associated with the
firm has complied with Rule .0203 of this
Subchapter;

(2) the proper notification to the Commission
of any change of business address or trade
name of the firm and the registration of
any assumed business name adopted by
the firm for its use;

(3) the proper conduct of advertising of ap-
praisal services by or in the name of the
firm;

(4) the proper retention and maintenance of
records relating to appraisals conducted
by or on behalf of the firm;

(5) the maintenance of a record for each of the
firm's unlicensed and uncertified assistants
that generally describes the nature and
extent of assistance rendered in con-
nection with each appraisal; and

(6) the maintenance of a record for each of the
firm's state-licensed and state-certified
residential real estate appraisers that gen-
erally describes the nature and extent of
assistance rendered bv the state-licensed
residential real estate appraiser when as-
sisting a state-certified residential or gen-
eral real estate appraiser and any
assistance rendered bv the state-certified
residential real estate appraiser when as-
sisting a state-certified general real estate
appraiser in performing an appraisal.

No licensee or certificate holder shall be manag-
ing appraiser of more than one appraisal firm or
combined real estate brokerage and appraisal
firm.

Statutory Authority G.S. 93A-77.

(2)

(3)

(4)

.0409 SUPERVISION OF LICENSED
AND CERTIFIED RESIDENTIAL
APPRAISERS

(a) When a state-licensed residential real estate
appraiser assists a state-certified residential or
general real estate appraiser in the performance
of a real estate appraisal and the resulting ap-
praisal report is to be signed by the state-certified
real estate appraiser, the state-certified real estate
appraiser shall:
(1) actively and personally supervise the state-
licensed real estate appraiser;

review the appraisal report and supporting
data used in connection with the appraisal;

indicate on the appraisal report whether or
not he has personally inspected the property;
and

prepare and furnish to the managing ap-
praiser, if applicable, and to each state-
licensed real estate appraiser whose services
were utilized in connection with the ap-
praisal, a report on a form prescribed by the
Commission describing the nature and ex-
tent of assistance rendered by the state-
licensed real estate appraiser in connection
with the appraisal, and place a copy of such
report in the supporting file for the ap-
praisal.
(h) When a state-certified residential real estate
appraiser assists a state -certified general real es-
tate appraiser in the performance of a real estate
appraisal and the resulting appraisal report is to
be signed by the state-certified general real estate
appraiser, the state-certified general real estate
appraiser shall perform those supervisors' acts set
forth in Paragraph (a) of this Rule with regard to
the activities of the state-cert itied residential real
estate appraiser.

Statutory Authority G.S. 93A-77.

5:9 NORTH CAROLINA REGISTER August 1, 1990

628

ARRC OBJECTIONS

1 he Administrative Rules Review Commission (ARRC) objected to the following rules in accord-
ance with G.S. I43B-30.2(c). State agencies are required to respond to ARRC as provided in G.S.
l43B-30.2(d).

ECONOMIC AND COMMUNITY DEVELOPMENT

Savings Institutions Division

4 NCAC 16 A .0302 - Response of Administrator to Petition

Agency Revised Rule
4 NCAC 16 A .0402 - Informal Settlement

Agency Revised Rule

ENVIRONMENT, HEALTH, AND NATURAL RESOURCES

Environmental Health

ISA NCAC 18 'A .1X14 - Disposal of Garbage and Trash: Premises
ISA NCAC I8C .1528 - Point- of -Entry and Other Treatment Devices

Environmental Management

ISA NCAC 2T .0/02 - General Criteria

Agency Revised Rule
ISA NCAC 2F .0105 - Effective Contingent Upon Federal Funds Allocated

Agency Revised Rule

Health: Epidemiology

ISA NCAC /OB .0202 - Granting Permits

I5A NCAC I0D .0407 - Medical Eligibility

ISA NCAC 10D .0408 - Medical Eligibility! Licensed Nursing Home Svcs

Laboratory Services

ISA NCAC 20 A .0002 - Definitions

Wildlife Resources Commission

ISA NCAC IOC .050/ - Scope and Purpose

HUMAN RESOURCES

Medical Assistance

10 NCAC SOB .0311 - Reserve

Youth Services

10 NCAC 44 F .1305 - Corporal Punishment and Child Abuse
Agency Revised Rule

LICENSING BOARDS AND COMMISSIONS

ARRC Objection 51 17190
Obj. Removed 6,' 21/00
ARRC Objection 51 17/00
Obj. Removed 6! 2 TOO

ARRC Objection 6/21/90
ARRC Objection 6/21/90

ARRC Objection 5/17/90
Obj. Removed 6/21 190
ARRC Objection 5/ 17/00
Obj. Removed 6/21/90

ARRC Objection 6/21/90
ARRC Objection 6/21/90
ARRC Objection 6/21/90

ARRC Objection 6/21/90

ARRC Objection 6! 21 j90

ARRC Objection 6:21/90

ARRC Objection Si 17/90
Obj. Removed 6/21/90

629

5:9 NORTH CAROLINA REGISTER August I, 1990

ARRC OBJECTIONS

Certification Board for Social Work

21 NCAC 63 .0104 - Organization of the Board

Agency Rei'ised Rule
21 NCAC 63 .0301 - Written Examinations

Agency Revised Rule
21 NCAC 63 .0403 - Renewal Fees

Agency Revised Rule

PUBLIC EDUCATION

Elementary and Secondary Education
16 NCAC6D .0105 - Use of School Day
SECRETARY OF STATE

ARRC Objection 5/17190
Obj. Removed 6/21/90
ARRC Objection 5/17/90
Obj. Removed 6/21/90
ARRC Objection 5/17/90
Obj. Removed 6/21/90

ARRC Objection 6/21/90

Corporations Division

18 NCAC 4
18 NCAC 4
18 NCAC 4
18 NCAC 4
18 NCAC 4
18 NCAC 4
18 NCAC 4
18 NCAC 4
18 NCAC 4
18 NCAC 4
18 NCAC 4
18 NCAC 4
18 NCAC 4
18 NCAC 4
18 NCAC 4
18 NCAC 4
18 NCAC 4
18 NCAC 4
18 NCAC 4
18 NCAC 4
18 NCAC 4

0101
0102
0205
0206
0302
0303
0305
0306
0307
0308
0311
0312
03/3
03/4
0316
0401
0402
0501
0502
0503
0504

Location and Hours ARRC Object

Administration and Functions ARRC Object

Overpayment ARRC Object

Documents Not Specifically Provided For ARRC Object

Execution ARRC Object

Rejection ARRC Object

Corrective Filings-Nonprofit Corp/ Limited Partnerships ARRC Object

Articles of Incorporation - Nonprofit Corporations ARRC Object

Application For Reservation of Corporate Name ARRC Object

Registered Office and Registered Agent ARRC Object

Art of Merger/ Share Exch /G.S. 55-1 1-07/55A-42.1 ARRC Object

Appl For Cert of Authority j Foreign Prof Corporation ARRC Object

Filing Merger Involving Foreign Corporation ARRC Object

Filing Evidence of Dissolution' Foreign Nonprofit Corp ARRC Object

Form for Annual Report ARRC Object

Documents ARRC Object

Cert of Facts / Certificate of Exit/ Authorization ARRC Object

General ARRC Object

Words Prohibited in Addition to Statutory Prohibitions ARRC Object

Deceptively Similar and Distinguishable Names ARRC Object

Filing Fictitious/ Assumed Name/ Foreign Corporation ARRC Object

on 6/21/90
on 6/21/90
on 6/21/90
on 6/21/90
on 6/21/90
on 6/21/90
on 6/21/90
on 6121/90
on 6/21/90
on 6/21/90
on 6/21/90
on 6/21/90
on 6/21/90
on 6121/90
on 6121/90
on 6/21/90
on 6/21/90
on 6/21/90
on 6/21/90
on 6/21/90
on 6/21/90

Securities Division

18 NCAC 6 .1210 - Securities Exchgs/ Auto Quotation Sys Approve/ Admin ARRC Objection 6/21/90

5: 9 NOR TH CA ROLINA REGIS TER

August

1, 1990

630

RULES INVALIDA TED BY JUDICIAL DECISION

1 his Section of the Register lists the recent decisions issued by the North Carolina Supreme Court,
Court of Appeals, Superior Court (when available) , and the Office of Administrative Hearings which
invalidate a rule in the North Carolina Administrative Code.

10NCAC3R .0317(g) - WITHDRAWAL OF A CERTIFICATE

Robert Roosevelt Reilly, Jr., Administrative Law Judge with the Office of Administrative Hearings,
declared Rule 10 NCAC 3R .0317(g) void as applied in Dawn Health Care, a North Carolina General
Partnership, Petitioner v. Department of Human Resources, Certificate of Need Section, Respondent (90
DHR 0296).

631

5:9 NORTH CAROLINA REGISTER August /, 1990

NORTH CAROLINA ADMINISTRA TIVE CODE CLASSIFICA TION SYSTEM

The North Carolina Administrative Code (NCAC) has four major subdivisions of rules. Two
of these, titles and chapters, are mandatory. The major subdivision of the NCAC is the title.
Each major department in the North Carolina executive branch of government has been as-
signed a title number. Titles are further broken down into chapters which shall be numerical
in order. The other two, subchapters and sections are optional subdivisions to be used by
agencies when appropriate.

TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE

ITLE

DEPARTMENT

LICENSING BOARDS CHAPTER

Administration

Architecture

Agriculture

Auctioneers

Auditor

Barber Examiners

Economic and Community

Certified Public Accountant Examiners

Development

Chiropractic Examiners

Correction

General Contractors

Council of State

Cosmetic Art Examiners

Cultural Resources

Dental Examiners

Elections

Electrical Contractors

Governor

Foresters

Human Resources

Geologists

Insurance

I learing Aid Dealers and Fitters

Justice

Landscape Architects

labor

Landscape Contractors

14A

Crime Control and Public Safety

Marital & Family Therapy

15A

Environment, Health, and Natural

Medical Examiners

Resources

Midwifery Joint Committee

Public Education

Mortuary Science

Revenue

Nursing

Secretary of State

Nursing Home Administrators

19A

Transportation

Occupational Therapists

Treasurer

Opticians

*21

Occupational Licensing Boards

Optometry

Administrative Procedures

Osteopathic Fxamination and

Community Colleges

Registration

Independent Agencies

Pharmacy

State Personnel

Physical Therapy Examiners

Administrative Hearings

Plumbing and I leating Contractors

Podiatry Examiners

Practicing Counselors

Practicing Psychologists

Professional Engineers and Fand Surveyors 56

Real Estate Commission

Refrigeration Examiners

Sanitarian Examiners

Social Work

Speech and Language Pathologists and

Audiologists

Veterinary Medical Board

Note: Title 21 contains the chapters of the various occupational licensing boards.

5:9 NORTH CAROLINA REGISTER August I, 1990

632

CUMULATIVE INDEX

(April 1990 - March 1991)

1990 - 1991

Pages Issue

1 - 151 1 - April

152 - 235 2 - April

236 - 285 3 - May

286 - 312 4 - May

313 - 407 5 - June

408 - 473 6 - June

474 - 513 7 - July

514 - 603 8 - July

604 - 635 9 - August

AO - Administrative Order

AG - Attorney General's Opinions

C - Correction

I : R - Final Rule

GS - General Statute

JO - Judicial Orders or Decision

M - Miscellaneous

NP - Notice of Petitions

PR - Proposed Rule

SO - Statements of Organization

TR - Temporary Rule

ADMINISTRATION

State Property and Construction, 41 1 PR

AGRICULTURE

Plant Conservation Board, 1 PR
Structural Pest Control Committee, 7 PR

CRIME CONTROL AND PUBLIC SAFETY

State Highway Patrol, 53 PR

Butner Public Safety Division, 419 PR

ECONOMIC AND COMMUNITY DEVELOPMENT

Banking Commission, 16 PR
Community Assistance, 25 PR, 317 PR
Credit Union, 317 PR
Milk Commission, 24 PR

ENVIRONMENT, HEALTH, AND NATURAL RESOURCES

Coastal Management, 136 PR. 292 PR

Environmental Management, 54 PR, 193 PR, 420 PR, 542 PR

Health Services, 190 PR, 565 PR

Marine Fisheries, 63 PR, 4S4 PR

633 5:9 NORTH CAROLINA REGISTER August I, 1990

CUMULA TIVE INDEX

Wastewater Treatment Plant Operators Certifieation Commission, 551 PR

Water Treatment Facility Operators Board of Certification, 621 PR

Wildlife Resources and Water Safety, 137 PR, 206 PR, 293 PR, 349 PR, 438 PR, 563 PR

FINAL DECISION LETTERS

Voting Rights Act, 241, 286, 316, 605

FINAL RULES

Fist of Rules Codified, 143 FR, 226 FR, 302 FR, 463 FR, 587 FR

GOVERNOR/LT. GOVERNOR

Executive Orders, 236. 313, 408, 474, 514, 604

HUMAN RESOl RCES

Facility Services, 516 PR

Health Services, 152 PR, 245 PR

Medical Assistance, 191 PR

Mental Health, Developmental Disabilities and Substance Abuse Services, 29 PR, 318 PR, 475 PR

Services for the Blind, 412 PR

Social Services, 247 PR, 607 PR

Water Treatment Facility Operators Board of Certification, 27 PR

Youth Services, 261 PR

LNSLRANCE

Actuarial Services Division, 480 PR
Agent Services Division, 321 PR, 520 PR
Financial Fvaluation Division, 342 PR, 525 PR
Fire and Casualty Division, 335 PR, 478 PR
Fife: Accident and Health, 264 PR, 287 PR, 529 PR

JUSTICE

Attorney General, Office of the, 192 PR, 273 PR
Sheriffs' Standards Division, 608 PR

LICENSING BOARDS

Cosmetic Art Fxaminers, Board of, 355 PR

Electrical Contractors, Board of Examiners of, 356 PR

Medical Fxaminers, Board of, 207 PR

Nursing, Board of, 300 PR, 496 PR

Physical Therapy Fxaminers, Board of, 443 PR

Plumbing and Heating Contractors, Fxaminers, 621 PR

Real Estate Commission, 625 PR

PUBLIC EDUCATION

Elementary and Secondary, 141 PR, 275 PR, 351 PR

REVENUE

Individual Income Tax, 359 FR

License and Excise Tax Division, 445 FR

Sales and Use Tax, 213 FR, 453 FR

SECRETARY OF STATE

Corporations Division, 489 PR
Securities Division, 293 PR, 495 PR

STATE PERSONNEL

State Personnel Commission, 277 PR, 500 PR

5:9 NORTH CAROLINA REGISTER August I, 1990 634

CUMULA THE INDEX

STATE TREASURER

Department Rules, 352 PR

Local Government Commission, 352 PR, 442 PR

Solid Waste Management Capital Projects Financing Agency, 354 PR

TRANSPORTATION

Motor Vehicles, Division of, 222 1 R

635 5:9 NORTH CAROLINA REGISTER August 1,1990

NORTH CAROLINA ADMINISTRATIVE CODE

The full publication consists of 53 volumes, totaling in excess of 15,000 pages. It is supplemented monthly
with replacement pages. A one year subscription to the full publication including supplements can be
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